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- Canada; Homosexuality; Religion; Sexual orientation; Discrimination (1)
- Children; (1)
- Homosexuality; Lesbianism; Infants (1)
- Marriage ceremonies; Gay marriage; Same-sex marriage; Gay rights; Discrimination; Accommodation (1)
- Religion; Sexual orientation; Constitutional law; Citizenship; Canadian Charter of Rights and Freedoms (1)
Articles 1 - 5 of 5
Full-Text Articles in Religion Law
Conscientious Objection To Creating Same-Sex Unions: An International Analysis, Bruce Macdougall, Elsje Bonthuys, Kenneth Mck. Norrie, Marjolein Van Den Brink
Conscientious Objection To Creating Same-Sex Unions: An International Analysis, Bruce Macdougall, Elsje Bonthuys, Kenneth Mck. Norrie, Marjolein Van Den Brink
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In jurisdictions that recognize same-sex marriages and unions, the question arises as to the extent to which civic officials who normally preside at such unions can refuse such participation for religious reasons. This paper examines this issue in the context of four jurisdictions: Scotland, Canada, the Netherlands and South Africa. What is striking is how different is the process of reaching a resolution in each jurisdiction, though the actual result might be the same. This difference arises because of the jurisdiction-specific reasons why same-sex marriages and unions are recognized, how they are recognized, the status of the officers who preside …
Religion-Based Claims For Impinging On Queer Citizenship, Bruce Macdougall, Donn Short
Religion-Based Claims For Impinging On Queer Citizenship, Bruce Macdougall, Donn Short
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Competing claims for legal protection based on religion and on sexual orientation have arisen fairly frequently in Canada in the past decade or so. The authors place such competitions into five categories based on the nature of who is making the claim and who is impacted, the site of the competition, and the extent to which the usual legal and constitutional norms applicable are affected. Three of the five categories identified involve a claim that a religion operate in some form in the public area so as to impinge on the usual protection of equality on the basis of sexual …
The Legally Queer Child, Bruce Macdougall
The Legally Queer Child, Bruce Macdougall
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This article explores the various presumptions and arguments of Canadian courts in largely denying queer children a legal presence. An analysis of the intersection of homosexuality and children is explored with a view to arguing that legally, queer children deserve a voice. The author begins by outlining the development of the legal conceptualization of the "child". This conceptualization led to the notion of the child as innocent, and thus in need of protection. In comparison, homosexuals came to be characterized as "aberrant" and "predatory". Protecting children from homosexuals then became a simple step of logic, which ultimately led to the …
A Respectful Distance: Appellate Courts Consider Religious Motivation Of Public Figures In Homosexual Equality Discourse - The Cases Of Chamberlain And Trinity Western University [Case Comment], Bruce Macdougall
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In the decisions of the B.C. Court of Appeal in Chamberlain v. Surrey School District No. 36 (2000) and the Supreme Court of Canada in Trinity Western University v. College of Teachers (2001), the courts allowed religiously-based "moral positions" held by would-be teachers and public officials to trump the interests of equal rights protection, in particular that of gays and lesbians. The author examines the ways in which the religious arguments were made (and accepted) in order to achieve this result. The author asserts that the decisions raise troubling questions about the extent to which courts are really willing to …
The Celebration Of Same-Sex Marriage, Bruce Macdougall
The Celebration Of Same-Sex Marriage, Bruce Macdougall
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This article explores the nature of discourse about equality, in particular homosexual equality, and situates the current debate about same-sex marriage in that discourse. The author explores the idea that legal discourse about equality moves among sites that may be labeled condemnation, compassion, condonation and celebration. Achievement of real (as opposed to formal) legal equality requires advancement at each of these sites. In Canada, legal discourse about equality for gays and lesbians at the first three sites has been largely successful and contention now is at the site of celebration. Marriage is a profoundly symbolic institution, representing state celebration of …