Response to the UN’s “Call for Input to a Thematic Report: Freedom of Religion or Belief (FoRB) and Sexual Orientation and Gender Identity (SOGI)”

The following is a response to a United Nations’ “Call for Input to a Thematic Report: Freedom of Religion or Belief (FoRB) and Sexual Orientation and Gender Identity (SOGI).” Victor Madrigal-Borloz, UN Independent Expert on protection against violence and discrimination based on SOGI, issued the call to inform his June 2023 report to the UN Human Rights Council on the right to FoRB in relation to SOGI. 

Principal author of this response is W. Cole Durham, Jr., founding director of the International Center for Law and Religion Studies (ICLRS). Contributors include Alexander Dushku, shareholder at Kirton McConkie; Scott E. Isaacson, shareholder at Kirton McConkie and ICLRS senior fellow; Denise Posse Lindberg, Utah senior district judge (Third District Court, inactive) and ICLRS senior fellow; and David H. Moore, former UN Human Rights Committee member and current associate director of the ICLRS and Sterling and Eleanor Colton Endowed Chair for Law and Religion at Brigham Young University’s J. Reuben Clark Law School. This Response reflects the personal views of the author and contributors and not necessarily those of their employers or sponsoring institutions.

Tensions regarding competing claims for freedom of religion or belief (FoRB) and sexual orientation and gender identity (SOGI) rights have been central to “culture wars” for many years. Addressing this tension in the context of a thematic report for the United Nations calls for particular wisdom and balance. A holistic approach sensitive to the countervailing considerations is particularly vital in this area. In many parts of the world, resentment of LGBT+ agendas takes the form of general disenchantment with the international human rights movement. On the other hand, FoRB claims in certain quarters are read as masks for bigotry. Such polarized and polarizing positions are both excessive and surely mark a failure of discourse and a deeper failure to apprehend the reciprocal claims to human dignity involved.

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Why Religious Freedom Matters to Me: The 2022 Religious Freedom Annual Review

The 2022 Religious Freedom Annual Review, held on 16 June at Brigham Young University, focused on the theme “Living Peaceably: Religious Freedom as a Foundation for Religious Harmony.”

Panelists in the opening plenary session shared personal reflections on “Why Religious Freedom Matters to Me.” Edited summaries of their presentations are available below; links to videos of the opening session and other sessions are available here.

Reverend Marian Edmonds-Allen presenting on the importance of religious freedom for all

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Why Religious Freedom Matters to Me

Reverend Marian Edmonds-Allen is Executive Director of Parity, a nonprofit that works at the intersection of faith and LGBTQ+ concerns. The following is an edited summary of her remarks presented at the ICLRS 2022 Religious Freedom Annual Review, 16 June 2022.

Religious freedom is our best hope for our country and for our world. At a time when divisions threaten to rend the very fabric of society, when seemingly intractable disagreements split communities and even families, it is religious freedom that is our very best hope.

That may seem like a strong statement, but I have a perhaps unusual perspective on religious freedom. I am a walking embodiment of our current divisions. You see, I am a person who scares people: I am a genderqueer, bisexual person and an ordained Christian pastor. I would guess that there is something about that statement that is surprising, if not a little bit scary, to people. In fact, when I introduce myself in faith contexts as LGBT, I can watch the body language in the room and see a reaction. And when I am speaking to LGBT groups and not wearing a clerical collar but “out” myself as clergy, I can, once again, watch people recoil. I am not offended. I understand the reaction because that used to be my reaction too.

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