Abstract

http://ssrn.com/abstract=1939235
 


 



Religion-Based Claims for Impinging on Queer Citizenship


Bruce MacDougall


University of British Columbia (UBC), Faculty of Law

Donn Short


University of Manitoba - Faculty of Law

2010

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

Number of Pages in PDF File: 28

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

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Date posted: October 5, 2011  

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: http://ssrn.com/abstract=1939235

Contact Information

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
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