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Extreme Speech and Democracy$
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Ivan Hare and James Weinstein

Print publication date: 2009

Print ISBN-13: 9780199548781

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199548781.001.0001

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Homophobic Speech, Equality Denial, and Religious Expression

Homophobic Speech, Equality Denial, and Religious Expression

Chapter:
(p.375) 19 Homophobic Speech, Equality Denial, and Religious Expression
Source:
Extreme Speech and Democracy
Author(s):

Ian Leigh (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199548781.003.0020

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.

Keywords:   religious speech, religious expression, homophobia, homophobic speech, homophobic expression

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