Conscientious Objection to Creating Same-Sex Unions: An International Analysis
University of British Columbia (UBC), Faculty of Law
University of the Witwatersrand
University of Strathclyde
Marjolein van den Brink
Utrecht University - Faculty of Law; Utrecht University School of Law (the Netherlands)
Canadian Journal of Human Rights, Vol. 1, No. 1, pp. 127-164, 2012
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
Date posted: August 23, 2012
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