‘Homophobic Speech, Equality Denial and Religious Expression’

Leigh, I.

doi:10.1093/acprof:oso/9780199548781.003.0020

‘Homophobic Speech, Equality Denial and Religious Expression’

Leigh, I.

Authors

Professor Ian Leigh ian.leigh@durham.ac.uk
Emeritus Professor

Contributors

I. Hare
Editor

J. Weinstein
Editor

Abstract

This chapter discusses the legal regulation of religiously-motivated speech that is critical of same-sex behaviour. The ‘Culture Wars’ have now reached Europe and are being played out in claims, on the one hand, that full equality on grounds of sexual orientation requires the punishment of homophobic speech and, on the other hand, that religious freedom requires the freedom to offend or to be exempted from emerging societal norms concerning equality. Contrasting judicial decisions in the UK, Canada, New Zealand, the Netherlands, and Sweden, and recent UK legislation (Criminal Justice and Immigration Act 2008) suggest different ways in which this clash of values can be mediated. The chapter critically evaluates these in the light of the European Convention on Human Rights.

Citation

Leigh, I. (2009). ‘Homophobic Speech, Equality Denial and Religious Expression’. In I. Hare, & J. Weinstein (Eds.), Extreme speech and democracy (375-399). Oxford University Press. https://doi.org/10.1093/acprof%3Aoso/9780199548781.003.0020

Publication Date	Jan 1, 2009
Deposit Date	Sep 6, 2011
Publisher	Oxford University Press
Pages	375-399
Book Title	Extreme speech and democracy.
Chapter Number	19
DOI	https://doi.org/10.1093/acprof%3Aoso/9780199548781.003.0020
Keywords	Homophobia, Non-discrimination, Equality, Religious freedom.