Religious-based exemptions from anti-discrimination law: Comparing jurisdictions that permit same-sex marriage

2018 ◽  
Vol 43 (3) ◽  
pp. 225-228
Author(s):  
Brendan Gogarty ◽  
Anja Hilkemeijer ◽  
Daniel Westbury
Keyword(s):  
Religious Freedom ◽  
Conscientious Objection ◽  
Public Debate ◽  
Same Sex ◽  
Marriage Law ◽  
Same Sex Marriage ◽  
Legal Position

In response to the recent passage of same-sex marriage law and the establishment of a Religious Freedom Inquiry (the Ruddock Panel), there has been considerable public debate on whether current exemptions for religious bodies under anti-discrimination law should be extended to individuals with a religious or conscientious objection to same-sex marriage. The authors compared current proposals for widening exemptions in anti-discrimination legislation to the legal position in the 29 other jurisdictions which permit same-sex marriage. If proposals that are currently debated were enacted, Australia would be the only jurisdiction to wind back its protections for LGBTIQ+ individuals against discrimination.

scholarly journals Authority of State Lawyers in Application for Cancellation of a Marriage, Reviewed From Law Number 16 of 2004 Concerning the Attorney General's Office

2020 ◽  
Vol 7 (6) ◽  
pp. 613
Author(s):  
Nina Diningrat ◽  
Yaswirman Yaswirman ◽  
Yoserwan Yoserwan
Keyword(s):  
Attorney General ◽  
Moral Values ◽  
The State ◽  
Religious Values ◽  
Public Order ◽  
Same Sex ◽  
Marriage Law ◽  
Same Sex Marriage ◽  
Legal Position ◽  
Legal Consequences

Cancellation of same-sex marriage is a marriage that violates the conditions for a marriage and based on Article 26 of Law Number 1 of 1974 concerning Marriage, the State Attorney General has the authority to cancel the marriage. It's just that this authority is not clearly regulated in Law Number 1 of 1974 concerning Marriage and other marriage regulations in Indonesia. The cancellation of a marriage does not happen automatically, but must go through a court, which is submitted by the authorized parties to apply for a marriage cancellation as provided for in Articles 23 and 26 paragraph (1) of Law Number 1 of 1974 concerning Marriage. Based on these thoughts, the problems examined are : (1) What is the legal position of same-sex marriage according to the provisions of marriage law in Indonesia, (2) What is the authority of the State Attorney as the applicant for filing the annulment of same-sex marriage according to Indonesian law, and (3) What is the legal consequences? of the cancellation of same-sex marriage according to Indonesian law. This study uses a normative juridical method with a literature approach. The results of the research concluded that : (1) That same-sex marriage does not have a legal position in Indonesia because it is not recognized in the marriage law in Indonesia and is against the law and moral values and religious values and is also against public order because it causes unrest in society. (2) The authority of the State Attorney General in canceling same-sex marriage according to the provisions in Article 26 Paragraph (1) of Law Number 1 of 1974 concerning Marriage and also the authority in the field of public order for the sake of upholding public order in society, (3) That the legal consequences of the cancellation of this type of marriage is the cancellation of the marriage by the Religious Court and Marriage Certificate Number : 0447/062 / VII / 2017, dated July 19, 2017 issued by the Ajung District Religious Affairs Office has no legal force.

The Implications of Religious Liberty

2017 ◽  
pp. 143-162
Keyword(s):  
Religious Freedom ◽  
Religious Liberty ◽  
The Political ◽  
Marriage Equality ◽  
Same Sex ◽  
Protection Measures ◽  
Same Sex Marriage ◽  
Public Discussion ◽  
The Public ◽  
Faith Based

The political terrain surrounding the legalization of same-sex marriage and the need to accommodate individual's faith based objections have been part of the public discussion since the passage of initial marriage equality statutes. These exemptions played an important part in the bill's passage and have gone largely unquestioned from proponents of marriage equality. This chapter discusses the heightened lawmaking efforts by opponents insisting on broad protection measures for religious claims based on opposition directed towards homosexuality. This Chapter discusses the resulting tension between religious freedom and marriage equality.

Public Accommodations

2022 ◽  
pp. 13-33
Author(s):  
Karla L. Drenner
Keyword(s):  
Sexual Orientation ◽  
Religious Freedom ◽  
Freedom Of Speech ◽  
Freedom Of Religion ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Historical Approach

The chapter examines potential issues posed by the wide variety of state public accommodation statutes in the context of sexual orientation and religious freedom. The historical approach to antidiscrimination will briefly be examined. A review of recent cases of discrimination due to the legalization of same-sex marriage are analyzed in the context of the arguments regarding freedom of speech and freedom of religion.

The Right to Religious Freedom, with Particular Reference to Same-Sex Marriage

2012 ◽  
Vol 1 (2) ◽  
pp. 147-179
Author(s):  
Michael J. Perry
Keyword(s):  
Religious Freedom ◽  
Same Sex ◽  
Human Right ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Civil Marriage ◽  
The Right

In this essay, I elaborate and defend the internationally recognized human right to religious freedom. I then pursue the implications of the right for government’s exclusion of same-sex couples from of civil marriage.

Legislating for Same-Sex Marriage: Sophistical Effectiveness in Australian Law

2017 ◽  
Vol 15 (1) ◽  
Author(s):  
Gary Lilienthal
Keyword(s):  
Canon Law ◽  
Social Institutions ◽  
Same Sex ◽  
Marriage Law ◽  
Ancient Greek ◽  
Public Mind ◽  
Same Sex Marriage ◽  
The Public ◽  
The Subject ◽  
Mind Argument

AbstractThis paper by-passes the various public tropes, such as “marriage equality”, and concentrates on determining whether or not a same-sex marriage law would be sophistically effective in Australia. It revives the ancient Greek sophistical rhetorical skill of proposing a law, and applies it as a critical context to the topic of legislating for same-sex marriage. The objective is to assess whether or not a same-sex marriage law will be effective in its legislative objects. It proposes to discuss whether the parliament could introduce such a law so that the law’s objects were achieved effectively in the public mind. Argument will try to show that introducing a law to create same-sex marriage would fail because of subsisting priestly legislation on the subject of marriage. Its two hypotheses are that the canon law and other English priestly legislation restrict the scope of marriage regulation, and marriage could not be re-defined to cover same-sex marriage. Sections of the paper examining the law historically employ the historiographical method of identifying underlying norms, the effect of which is occasional reverse chronologies. The article’s conclusion will assert that a statute for legal and duly registered same-sex marriage likely would be, according to sophistical rhetorical reasoning, a fiction misrepresenting the truth of the subsisting legal and social institutions of marriage.

scholarly journals A tale of two centuries: The körtti movement and dress in battles over Finnish politics and identities

2019 ◽  
Vol 6 (2) ◽  
pp. 145-162 ◽  
Author(s):  
Anna-Mari Almila
Keyword(s):  
Twentieth Century ◽  
Civil War ◽  
Same Sex ◽  
Marriage Law ◽  
Same Sex Marriage ◽  
Before And After ◽  
Late Nineteenth ◽  
1960S And 1970S ◽  
The 1960S ◽  
Similar Kind

This article interrogates the transforming sartorial styles of the Christian Protestant revivalist körtti movement in Finland in and around two very specific historical moments: Finland’s independence from Russia in 1917, and the amendment of the Marriage Act in 2014 that saw the legalization of same-sex marriage in 2017. The analysis covers crucial periods before and after the independence: late nineteenth and early twentieth century, when Russia sought to tighten its control over autonomous Finland and the Finnish intelligentsia organized to resist such attempts; through the civil war of 1918, to the turbulent right-/left-divided years of the 1920s and 1930s. Then, the liberalization of the körtti movement from the 1960s and 1970s onwards, and the effect of this upon the debates and battles over the equal marriage law before and after the law came into effect is discussed. I show how, through changing histories, changing garments have the capacity to play key roles. By focusing on a particular movement through different times, the article will consider how groups that go by the same name may be fundamentally different from their historical predecessors; how they may yet recognize a similar kind of garment even if they attach different associations to it, and how new garments are sometimes required in order to communicate the new positions of those movements and individuals. In the context of analyses of garments and cultural positions, this underlines the necessity to think of certain ‘times’ as part of a continuum in which changes and continuities in dress play out and influence sociopolitical relations.

Inconsistency between Commonwealth and Territory Laws

2014 ◽  
Vol 42 (3) ◽  
pp. 421-439
Author(s):  
Anne Twomey
Keyword(s):  
Same Sex ◽  
Marriage Law ◽  
Same Sex Marriage ◽  
High Court ◽  
Marriage Laws

The rules concerning the inconsistency of Commonwealth and territory laws have been little explored and largely neglected. They rose to recent prominence in the challenge to the validity of the ACT's same-sex marriage laws. The ACT claimed that even if the Commonwealth's Marriage Act was intended to cover the field, the ACT's same-sex marriage law could still operate concurrently with it, because of the different application of inconsistency rules in the ACT. This article considers how inconsistency rules operate in the different territories, what was intended by the ACT inconsistency provision, how the High Court determined the issue, and whether a better explanation can be given for the outcome.

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