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
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

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