Religious Freedom, Free Speech and Equality: Conflict or Cohesion?

Abstract

There have recently been a number of high profile political incidents, and legal cases, that raise questions about hate speech. At the same time, the tensions, and perceived conflicts, between religion and sexuality have become controversial topics. This paper considers the relationship between religious freedom, free speech and equality through an analysis of recent case law in Great Britain, Canada and the United States. The paper starts with a discussion of how conflicts between these values arise in areas such as hate speech and explores the differences between the European and US approach to this issue. In Council of Europe member states there is an increasing use of the criminal law to regulate hate speech. This paper argues that criminalisation of hate speech poses a distinct risk to the values of free speech and proposes alternative non-legal responses such as a greater use of cultural policy. The paper also explores a range of cases where the religion and sexual orientation conflict has arisen in areas such as the workplace. An analysis of these cases suggests that although there is no perfect resolution of this issue, it is possible to develop a set of principles that encourage a balance between the values of religious freedom, free speech and equality even in difficult situations where there is a conflict between religion and sexuality. The paper concludes with some practical recommendations for managing the tensions or conflicts between religious freedom, free speech and equality in liberal democracies.

Interreligious Conflicts in Post-Authoritarian Indonesia: Assumptions, Causes, and Implications

“…The last decade has seen the involvement of many academics in the study of a critical issue related to religion (Malik 2011). One of the most complex and crucial themes that scholars have constantly explored, analyzed, and elaborated, especially in the context of their relation with local and international politics, is the role of religion in the escalation of global tensions.…”

Possessive Attachments: Identity Beliefs, Equality Law and the Politics of State Play

“…Such an approach would extend already trialled initiatives to improve working relations between "out" gay and conservative Christian staff (eg, Afridi and Warmington, 2010;Malik, 2008). However, rather than getting participants to just talk through their differences, according to a logic of tolerance and respect for different (stable) identity beliefs, role-switching, games, hypothetical outcomes, and stories of imagined times ahead might be used to temporarily loosen people's ties to their normative commitments, moral understandings and desired futures.…”

“…Cases to end up in court included Christian registrars, florists, photographers, cake-makers and venue owners claiming a legal entitlement to deny services and accommodation to same-sex couples on grounds of religious belief. Other cases involved school districts refusing to make gay-positive books available to teachers or students, and universities, student bodies and youth organizations denying 'out' gays membership (Cooper and Herman, 2013;Malik, 2011;Pynes, 2016;Stychin, 2009). The withdrawal, however, of rights, resources and recognition was not just on one side.…”

The Morality of Resisting Oppression

“…For wider discussions of adaptive preferences, seeEvans (2010),Malik (2011), andMarshall (2006).6 "The action to which the 'ought' applies must indeed be possible under natural conditions"(Kant 2007, 473).…”