The right to refuse to bake: religious freedom and LGBTQ+ equality in the masterpiece cakeshop and Gareth Lee cases

Abstract

This paper analyses the legal and moral tensions between religious rights and the rights of sexual minorities, focusing on two cases: Masterpiece Cakeshop v. Colorado Civil Rights Commission before the United States Supreme Court and Gareth Lee v. The United Kingdom (Application no. 18860/19) before the European Court of Human Rights (ECtHR). Both cases involve Christian-owned bakeries refusing to create cakes supporting same-sex marriage or the rights of sexual minorities, citing religious beliefs. By analysing these caseswithin a broader legal and societal context, this research aims to contribute to the ongoing discussion on how courts navigate tensions between religious freedom and LGBTQ+ rights.The methods of analysis of legal acts, comparative, logical, and summarising methods were used in this article. Results of research show that courts and international bodies of human rights in thesecases must navigate complex intersections of freedom of expression, freedom of religion, and equality norms, while being mindful ofthe social and political contexts in which these disputes arise. Ultimately, the developing jurisprudence in this area suggests that no uniform solution is likely to emerge soon; instead, courts will continue to approach such conflicts on a case-by-case basis, weighing the competing rights at stake and the proportionality of any limitations imposed.