Open Access"Now it's My Rights Versus Yours" Equality in Tension with Religious Freedoms
Author(s) -
Jena McGill
Publication year - 2016
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr421
Subject(s) - lesbian , charter , jurisprudence , queer , faith , law , political science , sociology , fundamental rights , gender studies , homosexuality , human rights , theology , philosophy
This article focuses on cases involving the equality rights of gay, lesbian, bisexual, and queer people in tension with the religious freedoms of faith-based communities that denounce gay, lesbian, bisexual, and queer identities and same-sex intimacy. Part II focuses on the idea of rights in tension and considers the jurisprudence of competing rights, as well as the existing legal framework for reconciling conflicting Charter rights. Part III considers four appellate level religion-equality cases from the past 15 years. Part IV discusses the conflict of rights in these cases and their future implications.