Work

When Does Balancing Justify Religious Exemptions? The Case of Masterpiece Cakeshop v. Colorado Civil Rights Commission

Year: 2025

Type: article

Abstract: This paper analyses the moral structure of claims to religious exemptions that appeal to the logic of balancing, or the idea that one’s higher-order interests are unequally burdened relative to other parties’ higher-order interests and this burden requires easing through exemptions. In particular, I discuss whether the logic of balancing can justify a religious exemption in an idealised version of Masterpiece Cakeshop v. Colorado Civil Rights Commission . This case before the Supreme Court of the United States involved religious bakery owners claiming for a religious exemption from anti-discrimination law in order to refuse service to a same-sex couple of customers seeking a wedding cake for their wedding. I consider two kinds of possible interest that could ground balancing in this case: integrity-preservation and equal-opportunity. I conclude that neither can.

Source: Res Publica

DOI: 10.1007/s11158-025-09715-0

Author: Samuel Cole

Institution: University of Cambridge

Language: English

Topic: Religious Freedom and Discrimination

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $3,290