Religion: Rites vs. Rights - Resolving Tensions between LGBT Equality and Religious Liberty

The Oxford Handbook of International LGBTI Law – Sexual Orientation, Gender Identity, Gender Expressions and Sex Characteristics (SOGIESC) Law from an International-Comparative Perspective (forthcoming 2019)

University of Florida Levin College of Law Research Paper No. 19-2

22 Pages Posted: 28 Feb 2018

Date Written: 2018

Abstract

The question that this chapter addresses is whether tensions between sexual orientation and gender identity (SOGI) equality and religious liberty are intractable or whether there can be a reconciliation that allows all sides to live their lives without being the object or subject of discrimination. In order to explore this question, this chapter provides the legal context in which these conflicts develop, including international, regional, and national law. The chapter concludes that the appropriate way to resolve the conflict is by adopting of a balancing approach that recognizes that both religious freedom and non-discrimination are high-value fundamental rights in the international, regional and national spheres. Such model allows for a reasoned solution to the legal and emotional tensions that arise from this clash of rights.

Suggested Citation

Hernández-Truyol, Berta Esperanza, Religion: Rites vs. Rights - Resolving Tensions between LGBT Equality and Religious Liberty (2018). The Oxford Handbook of International LGBTI Law – Sexual Orientation, Gender Identity, Gender Expressions and Sex Characteristics (SOGIESC) Law from an International-Comparative Perspective (forthcoming 2019); University of Florida Levin College of Law Research Paper No. 19-2. Available at SSRN: https://ssrn.com/abstract=3309831 or http://dx.doi.org/10.2139/ssrn.3131155

Berta Esperanza Hernández-Truyol (Contact Author)

University of Florida Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States

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