Mark Bell (Trinity College Dublin; University of California, Berkeley – Berkeley Center on Comparative Equality & Anti-Discrimination Law) has posted Bridging a Divide: A Faith-Based Perspective on Anti-Discrimination Law ((2020) 9 Oxford Journal of Law and Religion 56-78) on SSRN. Here is the abstract:
High profile litigation in various jurisdictions has drawn attention to situations where conflict arises between the requirements of anti-discrimination law and the religious beliefs and practices of individuals and organisations. Although these disputes reflect genuine disagreements, this article argues that, in addition to litigation, other facets of the relationship between faith and anti-discrimination law need to be considered. Taking Catholic Social Teaching as a case study, the article explores anti-discrimination law through a theological lens. In this example, it identifies significant common ground where religious beliefs are congruent with anti-discrimination law, even if areas of divergence are also present. The article concludes that further exploration of law and theology could make a contribution to fostering a more constructive relationship between faith and anti-discrimination law.