Human Dignity, SOGI Claims, and the Obergefell Decision


Christine M. Venter is a Teaching Professor at Notre Dame Law School and Affiliated Faculty in Gender Studies at the University of Notre Dame.

It has now been five years since Obergefell, but one thing that even many opponents of the decision on religious freedom grounds might find common ground with, is the language used by Justice Kennedy when referring to the LGBTI+ community. In his opinion, Kennedy focused on the human dignity of the individual and what is required for dignity and full recognition of personhood. Obergefell represents the culmination of the Court’s gay and lesbian rights cases in that regard; previously Lawrence v. Texas, and United States v. Windsor, both established the idea of the centrality of the dignity of the human person. Lawrence mentioned it three times, while Windsor and Obergefell both referred to it ten times. (more…)

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Religious Freedom in the Age of Coronavirus: Legal and Non-Legal Strategies for Finding Community and Hope


This post by Brett G. Scharffs , Director of the International Center for Law and Religion Studies is taken from remarks at the 2020  Religious Freedom Annual Review, Religion and Religious Freedom in the COVID-19 Era: Finding Community and Hope, an Online Discussion held  June 17, 18, and 19, 2020.

The current coronavirus pandemic as presents a kind of stress test upon us and upon the institutions to which we belong. As we strive to behave responsibly, avoiding crowds, wearing masks, physical distancing, this is surely a time that is testing the strength and resilience of the bridges that connect us one with another, a time that is trying our hearts.

We may find ourselves as if balanced on a razor’s edge, with despair lying on one side and rage on the other. We are already seeing evidence of mental and economic tolls this crisis is exacting, alongside the more obvious public health toll.  We are all affected by the horrific price the coronavirus has exacted. The toll upon those who have suffered the illness, and upon their families, is unfathomable: more than 7 million people worldwide have contracted it, many suffering terribly.  More than 400,000 have died. (more…)

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Religious Freedom and Gender Equality: Reflections on the Recent UN Special Rapporteur’s Report

On February 27, 2020, the UN Special Rapporteur on Freedom of Religion or Belief released a new report dedicated to the interplay between religious freedom and gender equality. In this report the Rapporteur addressed gender-based violence and discrimination in the name of religion or belief.

Mr. Ahmed Shaheed, Special Rapporteur on freedom of religion or belief
© UN Photo/Amanda Voisard

Talk About: Law and Religion asked scholars and lawyers representing academic and human rights institutions from the United States, Spain, Turkey, and Germany to reflect on this report by analyzing its achievements and its most controversial points. While each contributor welcomes and appreciates efforts from the UN Special Rapporteur to combat harmful practices (e.g., FGM, gender violence, forced marriages, or depriving women and girls from education etc.), most also criticize some of the approaches reflected in the report, such as the report’s conception of the nature of religious freedom and religious autonomy. They also call for more nuanced discussions, both theoretical and policy-oriented, as a precondition for advancing both the freedom of religion or belief and non-discrimination as mutually reinforcing rights rather than mutually exclusive rights.

Participants in this Conversation: (more…)

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