Up Against the Property Logic of Equality Law: Conservative Christian Accommodation Claims and Gay Rights [Book Review]

Feminist Legal Studies 21 (1):61-80 (2013)

Abstract

This paper explores conservative Christian demands that religious-based objections to providing services to lesbians and gay men should be accommodated by employers and public bodies. Focusing on a series of court judgments, alongside commentators’ critical accounts, the paper explores the dominant interpretation of the conflict as one involving two groups with deeply held, competing interests, and suggests this interpretation can be understood through a social property framework. The paper explores how religious beliefs and sexual orientation are attachments whose power has been unsettled by equality law. But entangled with this property is another—that held in workers’ labour and public bodies’ resources. Arguing against the drive to balance competing interests, the paper uses social property to illuminate the agonistic character of the stakes. At the same time, it questions property as a normative framework for sexual orientation and religious beliefs

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References found in this work

The Return of the Political.Chantal Mouffe - 1993 - Science and Society 60 (1):116-119.
A Phenomenology of Whiteness.Sara Ahmed - 2007 - Feminist Theory 8 (2):149-168.
Reinterpreting Property.Margaret Jane Radin - 1993 - University of Chicago Press.

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