Religious Freedom and Sexual Orientation: Equality Jurisprudence and Intersecting Identities

Abstract

The relationship between freedom of religion and sexual orientation equality rights in Canada (and elsewhere) is frequently seen as one of inherent tension and conflict. In the three decades since the entrenchment of the Canadian Charter of Rights and Freedoms, the nature of this relationship has become more publicly visible and more publicly debated, as jurisprudence regarding equality rights and freedom of religion has sought to define itself and as public perceptions about rights claims increasingly become part of the landscape. However, unsurprisingly, the relationship as it is portrayed in legal and public discourses and as it is represented in media coverage, is a very narrow picture of the complexity of both religious identity and sexually diverse identities. In this article, I will summarize the development of jurisprudence in Canada as it connects with cases to do with sexual diversity and religion (in conflict or at the intersections). A small group of vocal opponents to sexual diversity and equality rights for the sexually diverse frequently become generalized as representing “the religious” view regarding sexuality and sexual identity. Subsequently, the public representation of religion is tied to anti-homosexual or anti-feminist attitudes, although the reality is that the religious voices that are represented within these debates and cases are recurring individuals and groups and represent only a portion of the broader traditions to which they belong.