The Dispute about a Wedding Cake – Homosexuality v. Freedom of Expression and Religion in a Pluralistic Society

Abstract

Because of their diversity, modern pluralistic societies are conflict-prone. This is demonstrated using the example of a dispute about a wedding cake for a homosexual couple which a commercial baker refused to produce because of religious objections to homosexual marriage. In this case, the fundamental rights of the baker - his freedoms of expression, profession and religion - come into conflict with the claim of the couple not to be discriminated against because of their sexual orientation. The state is called upon to solve such conflicts between claims to freedom and equality by establishing a synthesis of the opposing rights in the sense of a gentle reconciliation bringing each of them to bear as much as possible. This is explained in detail with regard to the legal situations in the U.S.A. and the U.K., where the Supreme Courts recently handed down pertinent decisions, as well as in Germany. The European Convention on Human Rights is also taken into account. Demands for exemptions from laws protecting minorities that are made on the basis of religious or philosophical convictions pose a particular challenge to a state founded on the rule of law because it must ensure that the equal dignity and rights of all humans remain inviolable.