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You Can’t Have Your Cake: A Queer-Informed View of Religious Conscientious Exemptions from Equality Law

Coyle

You Can’t Have Your Cake: A Queer-Informed View of Religious Conscientious Exemptions from Equality Law Thumbnail


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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.

Acceptance Date Sep 14, 2022
Publication Date Sep 14, 2022
Publicly Available Date Mar 28, 2024
Journal Keele Law Review
Print ISSN 2732-5679
Pages 42 - 57 (15)
Publisher URL https://keelelawreview.com/volume-4

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