This paper examines the 'cake-bakers' cases by situating them in a larger framework governing expressive commercial activities. The paper closely examines the contours of identity-related “expression” in the market-place (by critically examining the reasoning of Lee v. Asher Baking Company), and its relation to freedom of religion. It then proceeds to analyze the potential clash with principles of anti-discrimination, and concludes with unpacking the overarching freedom of association individual (moral agents) enjoy. The paper re-introduces the common law doctrine of common callings as a way to conceptualize (and legally organize) the potential clash of the opposing claims, and reflects on the purchase of this doctrine at the constitutional levels in the UK, the US and other liberal democracies (as they confront less-liberal belief systems).
Our 2020 Annual Conference was scheduled to be held at the University of Wrocław in Poland on July 9-11, 2020.
Due to the COVID-19 pandemic, the ICON·S Executive Committee has decided to postpone our 2020 Conference to 2021. Our next Annual Conference will take place from July 8-10, 2021, in Wrocław, Poland.
Procedural details regarding the organization of the 2021 Conference will follow in the months ahead.
Join ICON•S