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18 Theoretical Inq. L. 519 (2017)
Property and Sovereignty Imbricated: Why Religion Is Not an Excuse to Discriminate in Public Accommodations

handle is hein.journals/thinla18 and id is 534 raw text is: Property and Sovereignty Imbricated: Why Religion Is Not an Excuse to Discriminate in Public Accommodations Joseph William Singer* May a hotel owner that objects to same-sex marriage on religious grounds refuse to host a same-sex wedding in its ballroom or deny the couple the right to book the honeymoon suite? Do public accommodation laws oppress religious dissidents by forcing them to act contrary to their religious beliefs or does discriminatory exclusion threaten equal access to the market economy and deny equal citizenship to LGBTQ persons? Answering these questions requires explaining why one property claim should prevail over another and why one liberty should prevail when it clashes with another And answering those questions requires analysis of the relationship between property and sovereignty. Sovereign power both creates and regulates the types ofproperty rights that can be tolerated in afree and democratic society that values each person equally. Should we view sovereignty as a threat to property or property as a threat to sovereignty? Libertarians choose the first and liberals the second. But this is the wrong way to understand the relation between property and sovereignty. Property and sovereignty are not separate and independent concepts or spheres of social life that can be brought into relationship with each other Rather, they are imbricated; they overlap like roof tiles. Our aspiration to live Bussey Professor of Law, Harvard Law School. Thanks and affection go to Martha Minow and Mira Singer. This project was supported in part by funding provided through the research program at Harvard Law School. I am very grateful for outstanding research assistance from Isaac Saidel-Goley. This Article was presented at the symposium on Property and Sovereignty at Columbia Law School in September 2015, at a Faculty Workshop at the University of Wisconsin School of Law in October 2015, and at a Faculty Workshop at Vanderbilt Law School in November 2015.

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