Op-Ed: “In a tight spot, the Court of Justice delivers a lopsided judgment: NH v Associazione Avvocatura per i diritti LGBTI — Rete Lenford” by Jeffrey Miller
The recent Grand Chamber judgment from the Court of Justice of the European Union, NH v Associazione Avvocatura per i diritti LGBTI — Rete Lenford (C-507/18), has all of the ingredients for a blockbuster story: a fascinating plotline, a head-on collision between competing fundamental rights, and no obvious solutions. The Court returned a lopsided judgment—one that embraced a surprisingly broad interpretation of the scope of EU anti-discrimination law at the expense of downplaying potential threats to freedom of expression.
NH is a preliminary reference from the Supreme Court of Cassation, Italy. It involves a lawyer, NH, who stated during a radio programme that he did not want to recruit or work with homosexual persons at his la