When Freedoms Collide: Competing Claims for Religious Rights and Sexual Orientation Equality at Work and Beyond

Abstract

This chapter considers the conflicts which arise at the intersection of the free exercise of religion and sexual minority rights in the domains of work and non-work activities. Specifically, by examining the key features of various discrimination cases from the US and UK contexts, the chapter identifies the possible tensions between different minority groups and the negotiation and settlement of their respective interests and entitlements. In an effort to reconcile the seemingly competing claims made for equality, the chapter considers a theoretical middle range within which the existing debates may be addressed through the careful application of Isaiah Berlin’s theory of positive and negative freedoms in public life. The use of Berlin’s theory contributes to the analysis of the justice standing of religious and sexual minority groups, what protections minority groups in conflict must be accorded vis-à-vis each other, and the nature of remedies which should be accorded to each group in theory and practice.

Citation

Bilgehan Ozturk, M. (2017), "When Freedoms Collide: Competing Claims for Religious Rights and Sexual Orientation Equality at Work and Beyond", Chanlat, J.-F. and Özbligin, M.F. (Ed.) Management and Diversity (International Perspectives on Equality, Diversity and Inclusion, Vol. 4), Emerald Publishing Limited, Leeds, pp. 109-125. https://doi.org/10.1108/S2051-233320160000004006