Belief v. Belief: Resolving LGBTQ Rights Conflicts in the Religious Workplace

2019 ◽  
Vol 56 (1) ◽  
pp. 55-113
Author(s):  
Elizabeth Brown ◽  
Inara Scott
Author(s):  
Jaime Kucinskas

The mindfulness movement’s unobtrusive, consensus-based tactics were effective in popularizing, embedding, and legitimizing contemplative practices in a wide array of powerful social institutions. Yet, using consensus-based tactics and relying upon elite endorsements and support also opened the movement up to criticisms of potential cooptation along many fronts. Although movement leaders succeeded in changing the minds and hearts of many professionals, the movement as a whole failed to produce desired organizational reform. This concluding chapter discusses these implications of these tactics’ strengths and shortcomings not only for the contemplative movement but for other similar movements trying to change institutions through insiders working within and across targeted organizations and movements. These include the movements for LGBTQ rights, women’s equality, and environmental protection.


Author(s):  
Stijn Smet

This chapter proposes a structured balancing test for the resolution of human rights conflicts. The chapter first critiques the European Court of Human Right’s ad hoc balancing approach to human rights conflicts. Analysis of a pair of concrete judgments—Obst v. Germany and Schüth v. Germany—illustrates the shortcomings of that approach. The chapter then proposes an alternative, structured balancing test. The structured balancing test, composed of a limited set of seven balancing criteria, relies on comparison of the relative strength of reasons in favour of conflicting human rights to determine which right should prevail in a given conflict. By doing away with contested balancing notions, such as ‘weight’ and ‘scales’, the structured balancing test also aims to overcome the incommensurability challenge to balancing. The test is finally applied to Obst and Schüth to illustrate how its use could improve the Court’s adjudicatory practice.


This book aims to answer key questions surrounding (purported) conflicts of human rights at the European Court of Human Rights. Some of these questions concern the very existence of human rights conflicts. Can human rights really conflict with one another? Or should they be interpreted in harmony with one another? Other questions relate to the resolution of genuine human rights conflicts. How should such genuine conflicts be resolved? To what extent is balancing desirable? And which understanding of balancing should be employed? Throughout the book, contributors aim to answer these questions by engaging in concerted debate on both the existence and resolution of human rights conflicts. To increase its practical relevance, the discussion is framed around leading judgments of the European Court. The book ultimately aims to suggests, through the prism of reasonable disagreement, concrete ways forward in the ongoing debate on human rights conflicts at Europe’s human rights court.


2020 ◽  
pp. 179-218
Author(s):  
Alisa Perkins

This chapter discusses how Muslim and non-Muslim American residents in Hamtramck became embroiled in contestation over a proposed municipal ordinance involving the rights of LGBTQ residents to equal access in housing, employment, and public accommodation. The issue brought about an identity rupture between progressives and conservatives in the city, sundering interfaith relationships that had been formed earlier, while new alliances were being built. The chapter analyzes how a sense of moral urgency onboth sides contributed to a temporal sensibility shift that I call “ordinance time.” This schema entailed a loosening of civility standards in rhetorical comportment, encouraging the public expression of Islamophobia and homophobia. In attending to both the pace and tenor of social relations during this tense period, the chapter considers the essentialism attached to religious and secular moralities, while addressing how the municipal debate influenced boundary formation processes.


Author(s):  
Elizabeth Rahilly

The introduction provides an overview of the study and the book, including the historical and cultural developments that contextualize the research sample and related theoretical paradigms for understanding parents’ experiences. These include “feminist,” gender-neutral parenting principles; “intensive parenting” in the twenty-first century; and the LGBTQ rights movements. The introduction also examines the history of psychiatric research on gender-nonconforming children, leading up to the present-day.


Author(s):  
Katherine Graney

This chapter examines how understandings and practices of Europeanization are shaped in the cultural-civilizational realm since 1989, focusing specifically on the evolution of a European cultural space through the European Broadcasting Union’s yearly Eurovision song contest and the Union of European Football Association’s yearly EURO football championships. It demonstrates the importance that Russia and the non–Central Asian ex-Soviet republics place on being seen as “European enough” to participate successfully in both Eurovision and the EURO football championships, and the ways that participating in these cultural events forces these states to “act European” in political and economic ways, as well as cultural ones. The discussion of Eurovision highlights that event’s influence on spreading the idea of LGBTQ rights as a marker of “Europeanness,” while the EURO football championships are an arena where expectations about civility and racial tolerance as European norms are negotiated.


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