The Queer, the Cross and the Closet: Religious Exceptions in Equality Law as State-Sponsored Homophobia

Coyle

doi:10.3390/laws10040083

The Queer, the Cross and the Closet: Religious Exceptions in Equality Law as State-Sponsored Homophobia

Coyle

Authors

Stella Coyle s.coyle@keele.ac.uk

Abstract

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.

Acceptance Date	Oct 25, 2021
Publication Date	Nov 2, 2021
Journal	Laws
Publisher	MDPI
Pages	83 - 83
DOI	https://doi.org/10.3390/laws10040083
Keywords	equality; discrimination; religious exceptions; sexual orientation; homophobia; harm; Article 3 ECHR
Publisher URL	https://www.mdpi.com/2075-471X/10/4/83