The Supreme Courts’ Icing on the Trans-Atlantic Cakes

Ahdar, Rex and Giles, Jessica (2021). The Supreme Courts’ Icing on the Trans-Atlantic Cakes. Oxford Journal of Law and Religion, 10(1) pp. 155–171.

DOI: https://doi.org/10.1093/ojlr/rwaa003

Abstract

On both sides of the Atlantic in 2018, the Supreme Courts ruled on Christian bakeries that declined orders for cakes from gay customers. This article reviews the Masterpiece Cakeshop and Ashers Baking decisions and analyses the religious liberty, discrimination and compelled speech arguments presented. Were these kulturkampf cases a prodigal exercise for all concerned? We put forward some extra-legal suggestions for a collaborative approach in the light of the inevitable ongoing attempts by both ‘sides’ to maintain a presence in the public square.

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