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Coyle, SM (2022) You Can’t Have Your Cake: A Queer-Informed View of Religious Conscientious Exemptions from Equality Law. Keele Law Review, 4. 42 - 57 (15). ISSN 2732-5679
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Abstract
This paper offers a Queer-informed challenge to Adenitire’s claim that the principle of liberal neutrality can sometimes justify religious conscientious objection to equality law. It begins with a Queer critique of the assumptions behind the rights paradigm of classical liberalism; it will then use the case law as a springboard for challenging the legitimacy of faith-based discrimination in the public sphere, highlighting the limitations of a neutral liberal approach to conscientious exemptions from equality law. Through these arguments, the paper seeks to demonstrate that (i) a neutral liberal approach to this conflict can result in harm to non-heterosexuals; and (ii) Queer theory can play a useful role in challenging some of the normative assumptions in this conflict and in supporting instead a value-based approach.
Item Type: | Article |
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Additional Information: | The final version of this article and all relevant information related to it, including copyrights, can be found on the publisher website. |
Subjects: | 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 |
Related URLs: | |
Depositing User: | Symplectic |
Date Deposited: | 22 Nov 2022 11:15 |
Last Modified: | 22 Nov 2022 11:15 |
URI: | https://eprints.keele.ac.uk/id/eprint/11696 |