Debating Rights and Same-Gender Relationships

This article analyzes the increasing tension between equality in legal discourse and the moral argument of religious communities concerning same-sex relationships. It argues that a key component is skepticism of a prominent brand of rights language. The Anglican Church in New Zealand, Aotearoa, and...

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Bibliographic Details
Published in:Journal of law, religion and state
Main Author: Harrison, Joel 1957- (Author)
Format: Electronic Article
Language:English
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Published: Brill 2016
In: Journal of law, religion and state
Year: 2016, Volume: 4, Issue: 2, Pages: 194-226
Further subjects:B Equality religion same-sex relationships rights skepticism Anglican
Online Access: Volltext (Verlag)
Parallel Edition:Non-electronic
Description
Summary:This article analyzes the increasing tension between equality in legal discourse and the moral argument of religious communities concerning same-sex relationships. It argues that a key component is skepticism of a prominent brand of rights language. The Anglican Church in New Zealand, Aotearoa, and Polynesia is raised as an example. The article traces the debates of this group over same-sex relationship recognition and argues there has been a shift: appeals to rights language, which were previously common within this community, are now more muted. Revisionists have responded to a skeptical claim: that rights language presents a roadblock to discussion and an unsound account of the person, our common life, and public goods. The article contrasts the claims of equality typically emphasizing self-identity and self-actualization, with the attempts of a religious community to discuss competing views on the recognition of same-sex relationships within a framework of gift-giving, duty, and virtue linked to sexuality.
ISSN:2212-4810
Contains:In: Journal of law, religion and state
Persistent identifiers:DOI: 10.1163/22124810-00402004