{"title":"\"In a Religious Celebration\"? The Religious Defense of LGBT Rights in U.S. Federal Courts.","authors":"Kelsy Burke, Emily Kazyak, Maia Behrendt","doi":"10.1080/00918369.2023.2233659","DOIUrl":null,"url":null,"abstract":"<p><p>This article advances scholarship on the relationship between sexuality, religion, and the law within the United States by analyzing case summaries and court opinions of the federal appellate cases decided between 1990 and 2020 that involve a religion-based claim being used to advance or defend gay and lesbian rights. Contrary to dominant public narratives that position religion uniformly in opposition to progressive sexual values, these cases show how Americans' religious beliefs and practices include diverse sexual identities. We find that the courts' reactions to such cases, however, illustrate the tension within legal discourse and hesitancy for the courts to equate religious and moral values with affirming LGBT identities, people, and rights. Our findings suggest that the courts and litigants define what religion is-and what it is not-by positioning it in relation to sexuality.</p>","PeriodicalId":48221,"journal":{"name":"Journal of Homosexuality","volume":null,"pages":null},"PeriodicalIF":2.4000,"publicationDate":"2024-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Homosexuality","FirstCategoryId":"102","ListUrlMain":"https://doi.org/10.1080/00918369.2023.2233659","RegionNum":4,"RegionCategory":"心理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"2023/7/17 0:00:00","PubModel":"Epub","JCR":"Q2","JCRName":"PSYCHOLOGY, MULTIDISCIPLINARY","Score":null,"Total":0}
引用次数: 0
Abstract
This article advances scholarship on the relationship between sexuality, religion, and the law within the United States by analyzing case summaries and court opinions of the federal appellate cases decided between 1990 and 2020 that involve a religion-based claim being used to advance or defend gay and lesbian rights. Contrary to dominant public narratives that position religion uniformly in opposition to progressive sexual values, these cases show how Americans' religious beliefs and practices include diverse sexual identities. We find that the courts' reactions to such cases, however, illustrate the tension within legal discourse and hesitancy for the courts to equate religious and moral values with affirming LGBT identities, people, and rights. Our findings suggest that the courts and litigants define what religion is-and what it is not-by positioning it in relation to sexuality.
期刊介绍：
The Journal of Homosexuality is an internationally acclaimed, peer-reviewed publication devoted to publishing a wide variety of disciplinary and interdisciplinary scholarship to foster a thorough understanding of the complexities, nuances, and the multifaceted aspects of sexuality and gender. The chief aim of the journal is to publish thought-provoking scholarship by researchers, community activists, and scholars who employ a range of research methodologies and who offer a variety of perspectives to continue shaping knowledge production in the arenas of lesbian, gay, bisexual, transgender (LGBT) studies and queer studies. The Journal of Homosexuality is committed to offering substantive, accessible reading to researchers and general readers alike in the hope of: spurring additional research, offering ideas to integrate into educational programs at schools, colleges & universities, or community-based organizations, and manifesting activism against sexual and gender prejudice (e.g., homophobia, biphobia and transphobia), including the promotion of sexual and gender justice.
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