Normative Conflict Research Articles

Uninormative conflicts in the general theory of normative conflicts

This paper focuses on uninormative conflicts – i.e., conflicts that stem from one (and only one) legal norm. This phenomenon cannot be traced back to the widespread notion of normative conflict, since normative conflicts require an overlap between two or more norms (and therefore refer only to so-called plurinormative conflicts). This paper has two main aims. On the one hand, to ascertain whether and how uninormative conflicts can be framed within a (necessarily broader) concept of normative conflict. On the other hand, to demonstrate that the mechanisms developed by legal theory against the background of plurinormativity can be applied, mutatis mutandis, to the field of uninormativity.

Interaction of the Qualifications and Public Policy in Private International Law

The conflict of qualifications and the public policy clause in private international law can be used to achieve the political and legal objectives of the court's rule of law. The analysis of judicial practice and special literature on it indicates an increasing interest in the issue of interaction of these two tools for the stated purposes. The article aims to illustrate this interaction using specific examples from judicial practice and identify its patterns, in particular, to establish subordination between the conflict of qualifications and the public policy clause. To achieve the result, general scientific and special research methods were used, including the method of comparative law. As a result of the study the author has made a conclusion. The method of functional qualification dictated by legal dogmatics does not give the conflict of laws norm independence from the political and legal will of the legislator. The conflict of laws norm remains an instrument in the hands of the state to achieve political and legal goals, and in this sense its dogmatic interpretation allows for political and legal correction. This correction is expressed in a restrictive interpretation of the concepts of conflict of laws, when it becomes necessary. The protection of the court's rule of law values, traditionally associated with the reservation on public order, is transferred to an earlier stage of qualification of the concepts of the conflict of laws rule. Due to the restrictive qualification, the correction of the result dictated by dogma is carried out both in the choice of applicable law and in determining the scope of the conflict of laws reference. As a result, the queue does not reach the stage of applying the public policy clause, since its goals have already been achieved due to political and legal qualifications.

Environmental legislation of Kyrgyzstan problems and solutions

In the field of systematization of legislation, special attention is paid to environmental regulations. Since the emergence of independent branches of law, the scope of legal regulation gives rise to the legislator to streamline certain relations through systematization of legislation. In modern conditions of legal reality, the volume of regulatory legal acts in the field of environmental legislation is huge. Timely response of the legislator makes it possible to timely use the regulatory body, convenience, saving labor resources and streamlining social relations. As well as resolving internal and external conflicts of norms in the field of environmental legislation. The purpose of the study is to determine the main problems of systematization of environmental legislation and ways to solve them, the most important task of legal science in the national legislation of Kyrgyzstan. Determination of general trends in the development of environmental legislation in Kyrgyzstan in modern conditions in the national legal system. Designation of the most optimal directions and methods of legal regulation of environmental relations. During the research process, materials from theorists in the field of environmental legislation, regulations of the Kyrgyz Republic, and international treaties were used. The research used general scientific methods of cognition: analysis, synthesis, inductive and deductive methods, as well as particular scientific methods - systemic, systemstructural, formal logical, grammatical methods of cognition. Based on the analysis of the development of legislation in the field of regulation of relations, the main development trends and the influence of objective factors in the regulation process are identified, the main problems of systematization and ways to solve them in law-making and law enforcement activities are identified. The scientific novelty of the study lies for the first time on the basis of an integrated approach, the current state of the array of environmental legislation. The problems of systematization and ways to solve them in national legislation are identified.

Legal Certainity of The Probationary Period Regulation For Employees of Regional Water Company

The legal conflict regarding the probationary period between the Employment Law and the Ministry of Home Affairs Regulation concerns the regulation of the probationary period, where the Employment Law stipulates that the probationary period should not exceed 3 (three) months. However, the Ministry of Home Affairs Regulation states a minimum of 3 months and a maximum of 6 months for the probationary period. Based on this, the research question of this paper is formulated as follows: What are the provisions of the Probationary Period in Article 33 Paragraph (2) of the Minister of Home Affairs Regulation on the Organization and Personnel of Regional Drinking Water Companies in terms of the Principle of Legal Certainty? The writing of this paper uses a normative juridical method with the Statue Approach and Analytical Approach. In analysing this research, several theories are employed, including the theory of legal certainty, the theory of norm hierarchy, and the theory of norm conflict. The researcher obtains answers to the existing problems by analysing the legal certainty of the probationary period regulation. In terms of the theory of legal certainty by Jan Michiel Otto, it aligns with Lord Lyod's opinion on the meaning of legal certainty, which is consistent, stable, and clear. The regulation in Article 33 Paragraph (2) of the Ministry of Home Affairs Regulation does not meet the principle of legal certainty. While the regulation in the Ministry of Home Affairs Regulation in Article 33 Paragraph (2) is consistent and clear, it lacks consistency. This is because the regulation should comply with labour laws where the maximum probationary period is 3 months, while in the Ministry of Home Affairs Regulation, the probationary period is a minimum of 3 months and a maximum of 6 months.

Pension Plan (JHT) by the Government in the Manpower Sector Based on the Concept of the State of Law in the City of Tangerang

<p><em>The government in the field of manpower has issued a new regulation regarding Pension Plan (JHT) for workers/laborers when they enter retirement age, experience total disability and die. In the new regulation issued by the Minister of Manpower, it has changed the application of JHT for workers to obtain the benefits of JHT payments after reaching the age of 56 (fifty six) years. JHT which is issued based on the Regulation of the Minister of Manpower of the Republic of Indonesia Number 2 of 2022 concerning Procedures and Requirements for Payment of Pension Plan Benefits, causes workers/laborers to lose their normative rights to work and a decent life in accordance with the objectives of labor law.The research method used is a normative legal research method, namely research on library materials which are basic data in science classified as secondary data. . Normative legal research serves to provide juridical arguments when there is a vacuum, ambiguity, and conflict of norms.</em></p><em>Development in the field of manpower is basically in accordance with the objectives of the law, namely justice, order and benefit for the welfare of workers and their families. This is done because development in the field of manpower involves harmonious industrial relations between the government, employers, and workers. In the concept of a state of law, the provision of Pension Plan (JHT) benefits, the government in the field of manpower should provide legal protection for workers/laborers.</em>

Цифровизация судебной и правоохранительной деятельности в Республике Казахстан

Целью настоящего исследования является анализ казахстанской модели цифровизации судебной и правоохранительной деятельности, выявление проблем, формулирование предложений по совершенствованию процессов цифровизации и отдельных аспектов внедрения цифровых технологий в деятельность судебных и правоохранительных органов Казахстана. Методологическую основу настоящей работы составил анализ основных этапов цифровизации, а также системный подход к исследованию взаимообусловленности процессов цифровизации функциональными характеристиками органа, внедряющего цифровые инструменты. Использование сравнительного анализа позволило сопоставить внедренные цифровые технологии с правоприменительной практикой судебных и правоохранительных органов, на основе последующего анализа правоприменительной практики сформулировать проблемы цифровизации и предложения по их решению, направления внедрения новых цифровых инструментов, в том числе и искусственного интеллекта. Значительная часть исследования посвящена цифровизации уголовной юстиции, в ее ключевом значении для реализации задач и функций судебными и правоохранительными органами Республики Казахстан. Проведенное исследование позволило сделать вывод о многоуровневой правовой регламентации процессов цифровизации и необходимости кодификации правовых норм, регулирующих правовые отношения в данной сфере. Основные результаты проведенного исследования — определение имеющихся проблем цифровизации, формулирование предложений их решения, а также обозначение направлений дальнейшей цифровизации судебной и правоохранительной деятельности в Казахстане. Основной вывод, который авторы сформулировали в процессе работы над темой, — это актуализация кодификации правовых норм в сфере цифровизации, дальнейшая интеграция имеющихся цифровых ресурсов судебных и правоохранительных органов, их новация для реализации нового функционального сопровождения, поэтапное внедрение искусственного интеллекта в уголовную юстицию судебных и правоохранительных органов.

Правовой статус старообрядцев в Российской империи: нормативное закрепление и особенности обеспечения в 1907–1914 годах

Introduction. The article is devoted to the problems of applying the norms enshrined in the legislation of the Russian Empire and departmental regulatory legal acts relating to Old Believers after the First Russian Revolution. By decrees of April 17, 1905 and October 17, 1906, Old Believers were granted “freedom of belief and prayer at the behest of their conscience,” but in real life, the Old Believers’ rights to free confession were significantly limited by local authorities.
 The purpose of the study is to determine the conflict of law norms that provided subjects of the Russian Empire with “freedom of beliefs and prayers at the behest of ... conscience”; identify the features of the application of these norms by executive authorities in 1907–1914.
 Theoretical and methodological basis. The main methodological principles of the study were the principles of historicism, the unity of theory and practice, the comprehensiveness of the study of social processes and phenomena, the unity of the historical and logical. The main methodological approach of the study was determined to be a systematic approach. General scientific (historical, functional, theoretical modeling, hypothesis building) and special (formal legal, historical legal, comparative legal) methods of legal research were used.
 Results. The analysis showed that the position and, accordingly, the normative acts of the Synod as an executive body in a number of cases were in conflict with the by-laws (orders, clarifications, etc.) of the Ministry of Internal Affairs. Their strict subordination to each other, necessary for the full functioning of the legal system, was absent in imperial legislation. The specification and application of legal norms largely depended on the position of the department. Despite their differences, law enforcement was determined by the discretion of a specific official, even a low rank, who had the opportunity to choose between regulations of the Ministry of Internal Affairs and the Synod of the Russian Church, which had the same legal force. This led to the Old Believers’ distrust of local executive authorities.

DISHARMONY OF THE LEGAL NORM OF INTERRELIGIOUS MARRIAGE; ANALYSIS OF PANCASILA NORMS, LAW NUMBER 1 OF 1974 AND LAW NUMBER 23 OF 2006


 
 
 In Indonesia in the past three decades, interfaith marriages have increased. This kind of practice occurred in the lower classes of society, among artists and even by officials in the State Palace circle. Many have also received legitimacy from several District Courts. Legitimacy is given based on legal norms listed in the Elucidation of Article 35 letter a Law no. 23 of 2006 concerning Population Administration. Even though the legal norms of Article 2 paragraph (1) of Law no. 1 of 1974 concerning Marriage prohibits interfaith marriages. This shows that there is disharmony in legal norms where marriage norms must be in line with Pancasila norms as a grundnorm. To end this disharmony of norms, the Supreme Court issued SEMA No. 2 of 2023 to prohibit Court Judges from legalizing interfaith marriages. Researchers try to conduct research with the aim of unraveling why the disharmony of the norms of the two laws occurs and whether SEMA No. 2 of 2023 is the final solution to resolve the disharmony of interfaith marriage norms in the two laws. To answer this, the researcher uses a normative juridical research method with the statue approach and conceptual approach models related to existing legislation. From the results of the study it was concluded that 1. Norms of Article 35 letter a in Law no. 23 of 2006 has been deemed to be a lex specialist by district court judges so as to allow interfaith marriage even though it threatens the Pancasila norm as the highest grundnorm norm. 2. SEMA No. 2 of 2023 is a special beleid regulation for judges so as not to legitimize interfaith marriages, not to revise conflicts of law norms. then the solution is to harmonize the norms of the two laws through the constitutional review or judicial review path so that they are in line with Pancasila norms.
 
 

Siri Marriage In The Review of Islamic Law, Positive Law, Human Rights And Maqashid Al-Syari'ah

The issue of siri marriage is a conflict of norms, namely the norms of Islamic law, marriage law, human rights, and Maqashid al-Syariah. So that its existence that develops in society there are pros and cons. This research is a literature research using the Maqasid al-Syari'ah approach as an analytical tool. The findings of this study state that siri marriage according to the provisions of Islamic Law is valid, while positive law states that it is invalid (void) or can be canceled. As for human rights, siri marriage is not against the law, because the issue of marriage is a basic right for humans which is a gift from God and it has been regulated in the constitution (1945 Constitution) as well as in Law Number 39 of 1999 concerning human rights. While Maqashid al-Syari'ah views siri marriage as an act that can cause harm, then to prevent it from being registered with the authorities, it is based on the method of al-maslahah al-mursalah and sadd al-zari'ah considering that marriage has a fixed law as a means of realizing benefit

Implementing the ASEAN Agreement on Disaster Management and Emergency Response for Better Coordination and Simplification Procedures

This article aims to critically examine implementation of the ASEAN Agreement on Disaster Management and Emergency Response (AADMER) to cope with humanitarian assistance caused by disasters, complex emergencies and conflicts in South East Asian countries. It focusses on how the ASEAN member States initiate and implement coordination and simplification of procedures on how to deliver humanitarian assistance to victims once those situations are declared as regional concern. The analysis in this paper is mainly construed by normative legal research relied on information of facts and information of legal bases in order to find out legal gaps, ambiguity, overlapping institutions and conflict of norms on coordination and procedures between national and regional regulations, policies, programs and actions. It provides framework for analysis on how constructive engagements under the AADMER generate a distinctive legal feature for regional concerns dealing with humanitarian issues in South East Asian Countries. This article reveals that effective coordination and simplification of procedures are back bones for the AADMER implementation. Factually, regulatory impacts assessments have been assessed and factually carried out by ASEAN member States in terms of increasing their understanding, allocation of all available resources and reducing potential risks when they create and implement their national rules and regulation on disaster, complex emergency and conflicts. However, at the same time, they tend to be reluctant to take measures on underlying necessity of legitimate reasons, authority as well as their advanced resources. It is necessary to be shared to reduce capacity gaps for better effective coordination and simplification of procedures due to their narrowed understanding of state’s sovereignty to shield their unwillingness to cooperate

The effect of normative conflict on meat consumption behavior: A mixed-method study

Reducing meat consumption in sustainable diets is considered a key action in addressing the climate crisis. However, eating meat is part of most diets in Western societies and the prevailing social norm and emerging trends and collective changes lead to normative conflicts. This study examines the impact of conflicting social norms on meat consumer behavior through an exploratory empirical research with a mixed-method design. Qualitative data was collected through in-depth interviews with 13 consumers with sundry dietary profiles (vegetarians, reducers, and full meat-eaters), and a one-factor experimental design survey (N = 278) was conducted with two conditions among participants. The findings indicate that interventions based on conflicting social norms of different groups reduce meat consumption (H1, accepted) and can help reduce meat consumption among groups with higher consumption levels (full meat eaters). When approached on a conscious level, the denial-based conflict coping strategy will lead them down the path of the prevailing social norm, ultimately reducing their environmental impact. Different psychological strategies to deal with normative conflict were identified between groups of reducers and full meat eaters, as well as different effects on the behavior of experimental manipulation. These groups should be approached differently on issues related to meat consumption. Further research is needed to explore moral licensing and potential negative spillover effects among meat reducers.

ANALISIS PERLINDUNGAN HUKUM TERHADAP KREDITUR SEPARATIS PEMEGANG HAK TANGGUNGAN YANG KEHILANGAN HAK EKSEKUSI DALAM PROSES KEPAILITAN

The Central Jakarta Commercial Court issued a decision Number 15/Pdt-Lawsuit Lain-Lain/2019/PN.Niaga.Jkt.Pst regarding bankruptcy asset disputes that have a negative impact on PT Maybank Indonesia Tbk., as a separatist creditor holding Dependent Rights (HT). The problems in this writing is in the form of, "how is the legal consequences for PT Maybank Indonesia Tbk. in the bankruptcy process and how is the legal protection for PT Maybank Indonesia Tbk. in the bankruptcy process". The research uses a juridical-normative type that is descriptive. The data used are secondary data which analyzed by qualitative analysis, and conclusions are drawn deductively. The result are PT Maybank Indonesia Tbk. suffered losses due to the decision given. The loss obtained was in the form of the loss of authority of PT Maybank Indonesia Tbk. in the control and management of assets owned. This is consequence to the lack of consistency in the provisions of the Bankruptcy Law (UUK). In addition, this can happen because there is a norm conflict between the Law on Dependent Rights (UUHT) and UUK. PT Maybank Indonesia Tbk. also did not get proper legal protection due to differences in views with those of UUK regarding deadlines in the asset execution process.

Conflicting Norms—How Norms of Disconnection and Availability Correlate With Digital Media Use Across Generations

Digital disconnection has emerged as a response to constant connectivity and the perceived harms to well-being that technology overuse may cause in a digital society. Despite the apparent conflict with expectations of constant availability, there has been limited research on the role of social norms in individuals’ regulation of their digital media use. The present study applied a nuanced conceptualization of social norms—by differentiating referent groups (i.e., family, friends, and everyday contacts) as well as injunctive and descriptive norms—and examined the associations of disconnection and availability norms with disconnection behavior across two generations of digital media users. Drawing on an online survey based on a stratified population sample ( N = 1163), we found perceptions of injunctive disconnection norms to differ across generations, with younger digital media users perceiving digital disconnection but also availability to be more important to their social environment. This conflict of contradictory norms was also reflected in an interactional effect on own disconnection behavior in this group, where positive correlations between disconnections norms and behavior were countered by availability norms. Overall, our findings demonstrate the social complexity of the individual decision to (dis)connect and, on the societal level, that social norms of disconnection are in transition with disconnection behavior becoming and being perceived as more and more important.

Exploring uncertainties regarding unsolicited findings in genetic testing

ObjectivesNon-normative uncertainty (uncertainty about empirical facts) and normative uncertainty (uncertainty about moral values or beliefs) regarding unsolicited findings (UFs) might play an important role in clinical genetics. Identifying normative uncertainty is of special interest since it might guide towards novel directions for counseling practice. This study aims to gain insight into the role of non-normative and normative uncertainty regarding UFs, as expressed by counselees and counselors. MethodsWe performed a secondary qualitative analysis of interviews with counselees (n = 20) and counselors (n = 20) who had been confronted with UFs. Following a deductive approach, we used Han et al.’s existing theoretical framework of uncertainty, in which we additionally incorporated normative uncertainty. ResultsMajor issues of non-normative uncertainty were practical and personal for counselees, whilst counselors’ uncertainty pertained mainly to scientific issues. Normative uncertainty was a major theme throughout the interviews. We encountered the moral conflicts of autonomy vs. beneficence and non-maleficence and of autonomy vs. truthfulness. ConclusionNon-normative uncertainty regarding UFs highlights the need to gain more insight in their penetrance and clinical utility. This study suggests moral conflicts are a major source of feelings of uncertainty in clinical genetics. Practice implicationsExploring counselees’ non-normative uncertainties and normative conflicts seems a prerequisite to optimize genetic counseling.

Ius Constituendum Restorative Justice in Indonesia

In recent times, legal experts in Indonesia have engaged in widespread discussions on restorative justice. This is because the country’s criminal justice system has been unable to deliver justice to society, with many cases deemed unworthy of trial, let alone convictions and sentencing. Most institutions that make up the criminal justice system, including the police, prosecutors’ offices, and courts, cannot be held solely responsible for this issue as they simply enforce existing regulations. Therefore, a new approach is necessary to resolve cases that prioritize mediation to reach a consensus based on social justice values, in which the concept of restorative justice plays a role. Restorative justice is not a new concept as it has been used by society for hundreds of years to solve problems that are not in line with social norms. Many customary practices prioritize technical solutions through local wisdom and emphasize forgiveness. Such practices include Gotong Royong, Tepo Seliro, Tego Lorone Gak Tego Patine, and others, all of which are foundational to society’s way of thinking about problem-solving. Based on these basic norms, Indonesian Founding Fathers incorporated these practice into Principles 2, 4, and 5, which are part of the Pancasila (Five Principles of Indonesian) norm. However, law enforcement may not fully understand these basic norms while implementing them. To anticipate the existing concept, criminal justice system institutions have created rules that are yet to reflect the approach of restorative justice. These institutional rules appear poorly integrated, potentially leading to normative conflicts that ultimately result in uncertainty within the criminal justice system.

The Analysis of the Juvenile Delinquency Trigger Factors and the Handling Efforts

Transitional period development emerges significant changes in psychological aspects. These changes often lead to values and norms conflict. Juvenile delinquency is caused by unresolved conflicts in childhood during the transitional period. This study aims to: 1) determine the factors that trigger juvenile delinquency; 2) discover juvenile delinquency solution, 3) find out the inhibiting factors for tackling juvenile delinquency. This research uses literature analysis with the data from related literature as analytical material. Data analysis uses descriptive qualitative and exploratory analysis. The results showed, 1) there are internal and external trigger factors for juvenile delinquency; 2) Efforts to overcome the occurrence of juvenile delinquency are through parenting and attention to adolescents, including psycho-education; 3) Inhibiting factors in efforts to overcome juvenile delinquency such as negative peer influence, uncontrolled use of social media, lack of parental attention, and permissive attitude. This research provides information about the juvenile delinquency cause and prevention.

International Law’s Specialised Regime and Normative Conflict: A Reflection on International Criminal Law

In the international legal system, there exist fields of law that are characteristically specialised than the general sphere of international law. The term ‘special’, ‘specialised’ or ‘self-contained’ regime will be revisited in the present article vis-à-vis possible norms that conflict in the international legal arena. International criminal law, a discrete branch of international law will be thoroughly discussed as to reveal its nature as one of international law’s special regimes that may arguably contribute to the issue of normative conflict, and further, a problem of legal fragmentation. The concept of legal fragmentation will thus be highlighted as linked to international law’s normative conflicts. Considering that international criminal law is potentially a special regime of international law, one of its codified rules seems to have led to an emerged normative conflict involving the legal interaction between the Rome Statute of the International Criminal Court 1998’s treaty-based rule, and the international customary law rule. The severity of a legal conflict not only impacts the treaty law and customary law areas of international law but to a greater extent also undermines the coherence of the international legal system as a whole. Therefore, this article aims to analyse and expound on the apparent normative conflict of international law character that needs to be addressed, especially by the International Criminal Court being one of the prominent international judicial organs. Supposedly, when a normative conflict becomes severe, the issue of fragmentation of international law looms out and effective determination of related conflicting norms is indeed appealing.

Implementation of Regulation of the Minister of Law and Human Rights Number 2 of 2019 concerning the Resolution of Disharmony of Laws and Regulations through Mediation Against the Examination of Laws and Regulations in Indonesia

The disharmony of legislation occurs because of the existing of the selfishness at ministry/institution sector in the planning process the creation of law. The hierarchy of legislation aims to determine its own degrees in order to create the harmonic legislation system. In fact, the contradiction inter legislation still becomes one of the legal issues in Indonesia which never been closed. The other problems are many dispute resolutions of legislation not infrequently a rule under the legislation whom it must be sourced from. The existence of the regulation from Ministry of Law and Human Rights No. 2 in 2019 about the disharmony resolution of legislation is assumed as a change effort in seeking an alternative resolution out of the court if the norm conflicts happen inter legislation. This mediation comes out as an answer because of not satisfaction with dispute resolution in court that takes a long time, needs much money the decision which is resulted by the court often make dissatisfaction for the parties. They cause a case, namely how is the authority of the Ministry of Law and Human Rights in resolving the disharmony of legislation through mediation based on its legislation? The method which is used in this research is normative legal. The result shows that the mediation gives new hopes for new institutions in resolving a dispute of legislation in Indonesia. However; the delegation of ministerial regulation should be given some clear limitations to avoid overlapping rules, so it doesn’t bring confusion in its implementation.

Norm conflicts and epistemic modals

Statements containing epistemic modals (e.g., “by spring 2023 most European countries may have the Covid-19 pandemic under control”) are common expressions of epistemic uncertainty. In this paper, previous published findings (Knobe & Yalcin, 2014; Khoo & Phillips, 2018) on the opposition between Contextualism and Relativism for epistemic modals are re-examined. It is found that these findings contain a substantial degree of individual variation. To investigate whether participants differ in their interpretations of epistemic modals, an experiment with multiple phases and sessions is conducted to classify participants according to the three semantic theories of Relativism, Contextualism, and Objectivism. Through this study, some of the first empirical evidence for the kind of truth-value shifts postulated by semantic Relativism is presented. It is furthermore found that participants’ disagreement judgments match their truth evaluations and that participants are capable of distinguishing between truth and justification. In a second experimental session, it is investigated whether participants thus classified follow the norm of retraction which Relativism uses to account for argumentation with epistemic modals. Here the results are less favorable for Relativism. In a second experiment, these results are replicated and the normative beliefs of participants concerning the norm of retraction are investigated following work on measuring norms by Bicchieri (2017). Again, it is found that on average participants show no strong preferences concerning the norm of retraction for epistemic modals. Yet, it was found that participants who had committed to Objectivism and had training in logic applied the norm of retraction to might-statements. These results present a substantial challenge to the account of argumentation with epistemic modals presented in MacFarlane (2014), as discussed.

Fashioning hate: Driving the runway of desire

AbstractSexist and homophobic attitudes are an individual's expression of the dominant sociocultural position which endorses sexism and anti‐homosexuality. We contend that misogyny and homophobia are pathological symptoms representing the internalization of these malignant social values. First, we explain that homosexuality (and other non‐binary identities), though previously experiencing widespread condemnation, are not and never were mental disorders. Instead, it is homophobia ‐ the fear of homosexuality—that reflects psychopathology and, ultimately, prejudice. We argue that these beliefs, in both straight and gay men, are related to fear and anxiety about one's own projected and gendered aggression. We maintain that they reflect the unsuccessful and incomplete resolution of the normative conflicts met during gender identity development. Essential to all healthy gender identity development is the childhood experience of attuned and accepting mirroring of the child by the parents and the culture. Without this regular experience of mutuality, recognition, and approval, especially regarding their most basic gender identity, children who are at risk develop ego‐syntonic misogynistic and homophobic beliefs. We include a case illustration of a gay‐identified man who was wounded and traumatized by homophobia and uses the concept and experience of homophobia as a defense.