Conscientious Objection to Same-sex Marriages: Beyond the Limits of Toleration

Conscientious Objection to Same-sex Marriages: Beyond the Limits of Toleration When civil servants conscientiously refuse to register same-sex marriages, a clash arises between freedom of religion and same-sex equality. The scholarly world is divided on the optimal way to tackle this human rights clash. States, however, are not. Courts and legislators in the us , the uk and the Netherlands—among others—have decisively and unequivocally sided with same-sex equality. This article contributes to the debate by presenting an alternative to existing scholarly analyses, which the author finds wanting. The primary aim is to offer a coherent account of the relevant practice in the uk and the Netherlands. The article’s core argument is that this practice is best understood in terms of the limits of toleration in liberal States. The author argues, in particular, that the uk courts and Dutch legislators have drawn those limits at the point where civil servants cause same-sex couples expressive harm. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Religion and Human Rights Brill

Conscientious Objection to Same-sex Marriages: Beyond the Limits of Toleration

Religion and Human Rights, Volume 11 (2): 114 – Jun 14, 2016

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Publisher
Brill
Copyright
© Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1871-031X
eISSN
1871-0328
DOI
10.1163/18710328-12341301
Publisher site
See Article on Publisher Site

Abstract

When civil servants conscientiously refuse to register same-sex marriages, a clash arises between freedom of religion and same-sex equality. The scholarly world is divided on the optimal way to tackle this human rights clash. States, however, are not. Courts and legislators in the us , the uk and the Netherlands—among others—have decisively and unequivocally sided with same-sex equality. This article contributes to the debate by presenting an alternative to existing scholarly analyses, which the author finds wanting. The primary aim is to offer a coherent account of the relevant practice in the uk and the Netherlands. The article’s core argument is that this practice is best understood in terms of the limits of toleration in liberal States. The author argues, in particular, that the uk courts and Dutch legislators have drawn those limits at the point where civil servants cause same-sex couples expressive harm.

Journal

Religion and Human RightsBrill

Published: Jun 14, 2016

Keywords: conscientious objection; exemptions; freedom of religion; same-sex marriage; clashes between human rights; toleration; expressive harm

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