LGBTI+ Archives - Page 4 of 7 - Talk About: Law and Religion

Cisnormativity and Christiannormativity at the Strasbourg Court: Reflections on Gender and Religion

Post published:December 16, 2022

Eugenia Relaño Pastor is Assistant Professor in the School of Law, Complutense University, Madrid (Spain), and Cooperation Partner in the Department of Law and Anthropology at the Max Planck Institute for Social Anthropology, Halle (Germany). [1]

Europe is suffused with Christianity, or at least memories of its past influence.

—Andrew Higgins[2]

Those searching to have their gender legally recognized by the European Court of Human Rights (ECtHR or Strasbourg Court) and members of religious minorities who pursue equal rights and privileges enjoyed by dominant religious groups may not apparently share much in common. However, the following post sheds light on the similarities in the demands coming from gender and religious minorities. An initial examination unveils three common features shared by gender and religious minorities in searching for effective freedom: (1) the bias embedded in heteronormative laws and traditional church-state relations, (2) the experience of intersectional forms of discrimination, and (3) a self-determination approach to gender and religion.

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Religion, Gender, and Sexuality: Three Points on Freedom of Religion or Belief

Post published:November 21, 2022

Marie Juul Petersen is Senior Researcher at the Danish Institute of Human Rights. All over the world, increasing gains related to the rights of women and LGBTIQ+ persons are met with opposition from conservative religious actors…

Yeshiva University v. YU Pride Alliance: Comment by Frederick Mark Gedicks

Post published:November 17, 2022

Yeshiva University, one of the oldest Jewish institutions of higher education in the United States, refused to recognize a student “Pride Alliance” club based on its inconsistency with Torah values. A group of students and alumni has sued the university, demanding official recognition of the club. On 14 September 2022, the U.S. Supreme Court declined to protect the university from a New York trial court order requiring it to recognize the LGBTQ+ club.

BYU Law Professor Frederick Mark Gedicks comments on the main issue of the case, elaborates on the strongest arguments in favor of Yeshiva’s and the club’s positions, and tries to predict how the U.S. Supreme Court would decide this case on merits.

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