Religion-Based Claims for Impinging on Queer Citizenship

Dalhousie Law Journal, Vol. 32, No. 2, pp. 133-160, Fall 2010

28 Pages Posted: 5 Oct 2011

See all articles by Bruce MacDougall

Bruce MacDougall

University of British Columbia (UBC), Faculty of Law

Donn Short

University of Manitoba - Faculty of Law

Date Written: 2010

Abstract

Competing claims for legal protection based on religion and on sexual orientation have arisen fairly frequently in Canada in the past decade or so. The authors place such competitions into five categories based on the nature of who is making the claim and who is impacted, the site of the competition, and the extent to which the usual legal and constitutional norms applicable are affected. Three of the five categories identified involve a claim that a religion operate in some form in the public area so as to impinge on the usual protection of equality on the basis of sexual orientation. The authors examine the basis of claims for such religion based exceptionalism and argue that acceptance of the religion claim in these three public-area categories would involve unjustifiable curtailment of citizenship for queer people and could undermine the equality gains that have been made by this group.

Keywords: Religion, Sexual orientation, Constitutional law, Citizenship, Canadian Charter of Rights and Freedoms

Suggested Citation

MacDougall, Bruce and Short, Donn, Religion-Based Claims for Impinging on Queer Citizenship (2010). Dalhousie Law Journal, Vol. 32, No. 2, pp. 133-160, Fall 2010, Available at SSRN: https://ssrn.com/abstract=1939235

Bruce MacDougall (Contact Author)

University of British Columbia (UBC), Faculty of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

Donn Short

University of Manitoba - Faculty of Law ( email )

Winnipeg R3T 5V4, Manitoba
Canada

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
129
Abstract Views
1,506
Rank
397,606
PlumX Metrics