Coyle, SM (2021) The Queer, the Cross and the Closet: Religious Exceptions in Equality Law as State-Sponsored Homophobia. Laws, 10 (4). 83 - 83. ISSN 2075-471X

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The struggle for queer people to be recognised as full sexual citizens continues to be thwarted by the existence of religious exceptions to equality law. These exceptions reactivate and legitimise the historical oppression of queer people, who have long been plagued by the Four Horsemen of Homophobia. War—because the language of war is often used in the context of religious conscientious objection to gay equality. Famine—because public spending cuts have led to religious groups filling the gap in service provision. Pestilence—because old tropes of infection, promiscuity, and corruption of youth persist, albeit masked by a concern for religious freedom. Finally, Death—because exceptions to equality law operate to limit the citizenship of non-heterosexuals. This paper argues that religiously motivated attempts to restrict queer people’s participation, in a hetero- and theonormative public space, constitutes harm which can be characterised as degrading treatment contrary to Article 3 of the European Convention on Human Rights. The state must be more interventionist in its pursuit of genuine gay citizenship, and remove religious exceptions to equality law; otherwise, it is implicated in the constructive delegation of religious homophobia.

Item Type: Article
Additional Information: This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited
Uncontrolled Keywords: equality; discrimination; religious exceptions; sexual orientation; homophobia; harm; Article 3 ECHR
Subjects: B Philosophy. Psychology. Religion > BL Religion
B Philosophy. Psychology. Religion > BV Practical Theology > BV1460 Religious Education
B Philosophy. Psychology. Religion > BX Christian Denominations
H Social Sciences > H Social Sciences (General)
H Social Sciences > HQ The family. Marriage. Woman > HQ75 Homosexuality. Lesbianism
H Social Sciences > HQ The family. Marriage. Woman > HQ77 Transgender People
H Social Sciences > HT Communities. Classes. Races
H Social Sciences > HV Social pathology. Social and public welfare
H Social Sciences > HV Social pathology. Social and public welfare > HV1449 Gay men. Lesbians
K Law > K Law (General)
Divisions: Faculty of Humanities and Social Sciences > School of Law
Depositing User: Symplectic
Date Deposited: 03 Nov 2021 12:31
Last Modified: 25 Mar 2022 13:35

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