Religious accommodation law in the UK: five normative gaps

This article offers a normative analysis of the state of religious accommodation law in the UK. It identifies five ‘normative gaps’ in the law where the legal discussion could benefit by employing the analytical lens of political theory. These gaps concern (i) what sorts of religious (or non-religious) beliefs should enjoy protected status; (ii) how the law should address issues of individual choice and responsibility; (iii) whether there is a genuine distinction between manifesting and being motivated by one’s beliefs; (iv) what sorts of interests count against accommodation claims; and (v) the relationship between human rights and discrimination law, the two pillars of religious accommodation law in the UK. The first half of the article sets out these issues, while the second half offers some preliminary conclusions and ways of resolving them. The Conclusion traces the contours of a satisfactory theory of religious accommodation law.