Faith in the Future: Sexuality, Religion and the Public Sphere

Posted: 8 Dec 2009  

Carl F. Stychin

affiliation not provided to SSRN

Date Written: Winter 2009

Abstract

The clash between religious freedom and equality for lesbians and gay men has become a controversial legal issue in the United Kingdom. Increasingly, claims are made that compliance with anti-discrimination norms impacts upon conscientious, faith-based objectors to same-sex sexual acts. This article explores this issue and draws insights from North American case law, where this question has been considered in the context of competing constitutional rights. It raises far-reaching issues concerning the distinction between belief and practice, as well as the role of identity in the public sphere. The author advocates that courts and tribunals should adopt a fact-specific approach which is sensitive to the rights in a particular context, and which focuses upon the values of accommodation, tolerance and mutual respect.

Suggested Citation

Stychin, Carl F., Faith in the Future: Sexuality, Religion and the Public Sphere (Winter 2009). Oxford Journal of Legal Studies, Vol. 29, Issue 4, pp. 729-755, 2009. Available at SSRN: https://ssrn.com/abstract=1518808 or http://dx.doi.org/gqp016

Carl F. Stychin (Contact Author)

affiliation not provided to SSRN ( email )

No Address Available

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