Rainbows and crosses: Noncompliance with EU law prohibiting sexual orientation discrimination

Abstract

The Employment Equality Framework Directive (EED) is the first and still the only EU law that requires EU member states to combat sexual orientation discrimination. It requires states to change employment laws or draft news ones that prevent employers and coworkers from discriminating against gay and lesbian employees. Implementation of the EED was problematic, despite strong support for the law among many EU member states and their publics. An analysis of the EED’s provisions shows that in countries where religious organizations provide a substantial share of a country’s social services, governments are more likely to transpose the directive incorrectly. These findings are based on an innovative research design that addresses one legal subject matter within a directive. Contradicting earlier research showing it has little to no role, public opinion about an EU law can affect compliance. This article also sheds more light on how religious organizations and beliefs affect European integration, comparatively understudied in the literature. These findings also have important implications for the future of lesbian, gay, bisexual and transgender (LGBT) human rights legislation at the EU level.