Abstract

http://ssrn.com/abstract=2134325
 


 



Conscientious Objection to Creating Same-Sex Unions: An International Analysis


Bruce MacDougall


University of British Columbia (UBC), Faculty of Law

Elsje Bonthuys


University of the Witwatersrand

Kenneth Norrie


University of Strathclyde

Marjolein Van den Brink


Utrecht University - Faculty of Law; Utrecht University School of Law (the Netherlands)

2012

Canadian Journal of Human Rights, Vol. 1, No. 1, pp. 127-164, 2012

Abstract:     
In jurisdictions that recognize same-sex marriages and unions, the question arises as to the extent to which civic officials who normally preside at such unions can refuse such participation for religious reasons. This paper examines this issue in the context of four jurisdictions: Scotland, Canada, the Netherlands and South Africa. What is striking is how different is the process of reaching a resolution in each jurisdiction, though the actual result might be the same. This difference arises because of the jurisdiction-specific reasons why same-sex marriages and unions are recognized, how they are recognized, the status of the officers who preside over the relevant services, and the historical-legal place of religion in each jurisdiction. Against these backgrounds, reasonably similar arguments relating to discrimination and accommodation are raised, but play out differently given the varying contexts. There results from this comparative analysis some lessons that can be transported across jurisdictions but also considerable caution as to the generic quality of such lessons.

Number of Pages in PDF File: 38

Keywords: Marriage ceremonies, Gay marriage, Same-sex marriage, Gay rights, Discrimination, Accommodation

Accepted Paper Series


Download This Paper

Date posted: August 23, 2012  

Suggested Citation

MacDougall, Bruce and Bonthuys, Elsje and Norrie, Kenneth and van den Brink, Marjolein, Conscientious Objection to Creating Same-Sex Unions: An International Analysis (2012). Canadian Journal of Human Rights, Vol. 1, No. 1, pp. 127-164, 2012. Available at SSRN: http://ssrn.com/abstract=2134325

Contact Information

Bruce MacDougall (Contact Author)
University of British Columbia (UBC), Faculty of Law ( email )
1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada
Elsje Bonthuys
University of the Witwatersrand ( email )
Gauteng 2050
South Africa
Kenneth Norrie
University of Strathclyde ( email )
16 Richmond Street
Glasgow 1XQ, Scotland
United Kingdom
Marjolein Van den Brink
Utrecht University - Faculty of Law ( email )
Janskerkhof 3
Utrecht, 3512 BK
Netherlands
Utrecht University School of Law (the Netherlands) ( email )
3508 TC Utrecht
Utrecht
Netherlands
Feedback to SSRN


Paper statistics
Abstract Views: 653
Downloads: 146
Download Rank: 115,751

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.328 seconds