Religious Discrimination and Cultural Context: A Common Law Perspective

Generations of festering culture wars, compounded by actual wars in predominantly Muslim countries, the terrorism of Isis and the ongoing migrant crisis, have all combined to make religious discrimination the most pressing challenge now facing many governments. For the leading common law nations, with their shared Christian cultural heritage balanced by a growing secularism, the threat presented by this toxic mix has the potential to destabilise civil society.

This book suggests that the instances of religious discrimination, as currently legally defined, are constrained by that cultural context, exacerbated by a policy of multiculturalism and in practice conflated with racial, ethnic or other forms of discrimination. Kerry O'Halloran argues that many culture war issues – such as those that surround the pro-choice/pro-life debate and the rights of the LGBT community – can be viewed as rooted in the same Christian morality that underpins the law relating to religious discrimination.

• Suggests that present forms of religious discrimination are shaped by past cultural traditions.
• Demonstrates how many culture war issues – such as abortion and gay marriage - are forms of religious discrimination.
• Provides a comparative analysis of religious discrimination caselaw which shows how judicial treatment of matters such as accommodating religious belief in the workplace varies on a jurisdictional basis.