This presentation aims to contribute to the debates on the hard cases of balancing freedom of religion and enforcing antidiscrimination law. It will focus on Lee v. Ashers Baking Company where the UK Supreme Court held there is no discrimination in the access to goods and services where a bakery refuses to supply a cake iced with the message “support gay marriage”. It will criticise the ruling focusing on the need to enforce antidiscrimination law in the access to goods and services by focusing on the social meaning of the need to enforce antidiscrimination law, the message that it sends. It will respond to the forced speech argument by comparing it with other cases of artistic expression. In all these cases, it is important to focus on the quality of the person refused the service or the good.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand.Call For Papers and Panels