Abstract

This case comment considers the UK courts’ approach to the protection of the freedom to manifest religion in a commercial context, focusing in particular on the freedom of business owners to direct the ethos and policy of the business in accordance with their religious beliefs. The analysis centers on Preddy v Bull1 and therefore considers manifestation of religion when it comes into conflict with the right of same-sex couples not to be discriminated against. This piece does not discuss or take sides on the same-sex rights debate: it considers how the structural protection for those seeking to enjoy freedom of religion, in the form of Article 9 of the European Convention on Human Rights, and those seeking to enjoy same-sex relationships, in the form of antidiscrimination legislation, is being enforced by the courts. Its starting point and end point is that the dignity and identity of both same-sex couples and religious believers are important and worthy of protection in public as well as in private life and that mutual tolerance, that is living together without necessarily agreeing with each other, is a legitimate way forward.

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