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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