Shrines of Discrimination: A Comparative Exploration of American and Indian Approaches to Balancing Religious Freedom and Equal Rights

Authors

Sree VedalaFollow

Publication Date

Spring 1-1-2025

Abstract

Religious freedom and equality, foundational human rights, often clash in legal contexts, particularly when religious practices justify discriminatory actions. The U.S. judiciary has grappled with this tension, as exemplified in Masterpiece Cakeshop v. Colorado Civil Rights Commission and Yeshiva University v. YU Pride Alliance. These cases reflect opposing judicial tendencies: deference to religious beliefs versus prioritization of equality. However, neither case established a clear framework for balancing these rights. This article examines India’s "essentiality test," which assesses whether a religious practice is integral to a faith, as a potential model for resolving such conflicts. By comparing U.S. and Indian legal approaches, this article explores insights from Indian constitutional law that may inform U.S. jurisprudence in balancing religious freedom and equality.

Recommended Citation

Vedala, Sree (2025) "Shrines of Discrimination: A Comparative Exploration of American and Indian Approaches to Balancing Religious Freedom and Equal Rights," Mississippi College Law Review: Vol. 42: Iss. 1, Article 11.
Available at: https://dc.law.mc.edu/lawreview/vol42/iss1/11