Dignity and Discrimination

18 Pages Posted: 17 Nov 2020

See all articles by Frederick Mark Gedicks

Frederick Mark Gedicks

Brigham Young University - J. Reuben Clark Law School

Date Written: November 12, 2020

Abstract

This essay surveys uses of dignity in U.S. constitutional law, with a focus on conflicts between the dignities attached to citizenship and religious conscience. Parts I and II discuss dignity as state sovereignty and hierarchical status. Part III examines the collision of dignities in the Masterpiece Cakeshop decision. Part IV argues that attention to the public or private nature of the site where religious accommodation is demanded clarifies when accommodation is appropriate, using a house of worship and a government office as illustrations. Part V lists other sites of accommodation and discusses how one might use the public/private distinction despite its socially constructed character.

Keywords: dignity, religious accommodation, constitutional law, religious conscience, public sphere, private sphere

Suggested Citation

Gedicks, Frederick Mark, Dignity and Discrimination (November 12, 2020). Brigham Young University Law Review, 2021 Forthcoming, BYU Law Research Paper No. 20-29, Available at SSRN: https://ssrn.com/abstract=3729440

Frederick Mark Gedicks (Contact Author)

Brigham Young University - J. Reuben Clark Law School ( email )

504 JRCB
Provo, UT 84602-8000
United States
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