Freedom of Religious Expression, Hate Speech, and Discrimination Based on Sexual Orientation and Gender Identity

Montserrat Gas-Aixendri is a full professor of law and religion at Universitat Internacional de Catalunya (Barcelona, Spain).

The 2023 Report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity [1] examines the intersection between freedom of thought, conscience, and religion or belief and protection from violence and discrimination based on sexual orientation and gender identity. The mandate recognizes the importance of respecting religious value systems and demonstrates a commendable commitment to safeguarding religious freedom for everyone, including individuals with diverse sexual orientations and gender identities.

As W. Cole Durham, Jr., points out, the conflicts arising from competing claims of freedom of religion or belief (FoRB) and sexual orientation and gender identity (SOGI) have been key issues in the ongoing “culture wars” for quite some time. Dealing with this clash in a thematic report for the United Nations requires careful judgment and equilibrium.

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When the State Tells You How to Run Your Church Service: Analyzing Coronavirus Guidance Documents on Religious Services

Dwight Newman, QC is Professor of Law & Canada Research Chair in Indigenous Rights in Constitutional and International Law at the University of Saskatchewan and a Munk Senior Fellow (Constitutional Law) at the Macdonald-Laurier Institute

Does the coronavirus pandemic justify the government telling churches how to run their worship services?

Some state governments in the United States and provincial and territorial governments in Canada seem to have thought so during the reopening phase of the pandemic, setting a concerning precedent of relatively detailed governmental regulation of religion. Other governments, facing the same coronavirus pandemic, have managed to engage with religious institutions more respectfully, furthering health goals without imposing detailed requirements on religious services.

In this post, I discuss some striking examples of how coronavirus guidance documents on religious services have differed in ways that show differing levels of respect for principles of state non-interference in religion. While the pandemic situation can obviously justify some steps that would not normally be taken, the different approaches illustrate that governments have had genuine choices about whether to interfere more or to interfere less with religion. The choices they are making have implications in relation to the precedent for future interference.

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Religious Liberty and the Corona Crisis before the German Constitutional Court


Justin Collings is Francis R. Kirkham Professor of Law at Brigham Young University J. Reuben Clark Law School and author of Democracy’s Guardians: A History of the German Federal Constitutional Court, 1951-2001(Oxford University Press, 2015)

Global lockdowns intended to slow the spread of COVID-19 have raised wrenching questions about religious liberty. Although many faith communities have voluntarily shuttered to combat the plague, many religious people have chafed at regulations that require religious sanctuaries to close while permitting liquor stores to offer their “essential services.” Why, the faithful wonder, is booze more essential than the Sacred Host? Why should rum trump Ramadan? Some believers have expressed their anguish in constitutional challenges. In a pair of noteworthy decisions, the German Federal Constitutional Court has grappled with the tension between public health and religious exercise. In both cases, the Court has charted a pragmatic course through the crisis. (more…)

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