This Brief considers the tension between the right to freedom of religion and LGBT rights in the context of the landmark ‘wedding cake case’ decided by the US Supreme Court in June 2018 and the Australian Marriage Amendment (Definition and Religious Freedoms) Act 2017. The author proposes a proportionality approach for balancing claims between LGBT rights and freedom of religion, drawing on international norms, case law and the work of progressive religious leaders and academics. The author further suggests that the practical utility of this approach could be bolstered through diverse cross-cultural dialogues between members of LGBT groups and religious groups, with the aim of developing an ‘overlapping consensus’ on core human rights norms.
