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

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 Homophobi...

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Main Author: Stella Coyle
Format: Article
Language:English
Published: MDPI AG 2021-11-01
Series:Laws
Subjects:
Online Access:https://www.mdpi.com/2075-471X/10/4/83
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author Stella Coyle
author_facet Stella Coyle
author_sort Stella Coyle
collection DOAJ
description 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.
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spelling doaj.art-8c81ae4f60d84199ab6198ab43b981622023-11-23T09:13:02ZengMDPI AGLaws2075-471X2021-11-011048310.3390/laws10040083The Queer, the Cross and the Closet: Religious Exceptions in Equality Law as State-Sponsored HomophobiaStella Coyle0School of Law, Keele University, Keele, Newcastle ST5 5BG, UKThe 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.https://www.mdpi.com/2075-471X/10/4/83equalitydiscriminationreligious exceptionssexual orientationhomophobiaharm
spellingShingle Stella Coyle
The Queer, the Cross and the Closet: Religious Exceptions in Equality Law as State-Sponsored Homophobia
Laws
equality
discrimination
religious exceptions
sexual orientation
homophobia
harm
title The Queer, the Cross and the Closet: Religious Exceptions in Equality Law as State-Sponsored Homophobia
title_full The Queer, the Cross and the Closet: Religious Exceptions in Equality Law as State-Sponsored Homophobia
title_fullStr The Queer, the Cross and the Closet: Religious Exceptions in Equality Law as State-Sponsored Homophobia
title_full_unstemmed The Queer, the Cross and the Closet: Religious Exceptions in Equality Law as State-Sponsored Homophobia
title_short The Queer, the Cross and the Closet: Religious Exceptions in Equality Law as State-Sponsored Homophobia
title_sort queer the cross and the closet religious exceptions in equality law as state sponsored homophobia
topic equality
discrimination
religious exceptions
sexual orientation
homophobia
harm
url https://www.mdpi.com/2075-471X/10/4/83
work_keys_str_mv AT stellacoyle thequeerthecrossandtheclosetreligiousexceptionsinequalitylawasstatesponsoredhomophobia
AT stellacoyle queerthecrossandtheclosetreligiousexceptionsinequalitylawasstatesponsoredhomophobia