Termination of an employee based on gender identity remains legal in 39 American states (“39”). In most countries, LGBT is not prohibited nor illegal but some states degrade supporters and LGBT people, such as gay men having to hide their sexuality in the military. LGBT rights in the world result in everybody having equal rights […]
LGBT youth who experience homelessness must deal with a wide range of different issues that affects them in many ways. They have to deal with poor mental health, substance abuse, suicide, violence, and sexual risk behaviors because of the fact they’re homelessness ( Keuroghlian & Shtasel, 2014). About 320,000 to 400,000 LGBT youth experience homelessness […]
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Get startedAttitude towards LGBT people fluctuates from one society to another. Among the Indigenous people of the Americas, homosexuals and bisexuals were considered spiritual people and were given respected roles. On the other hand, many cultures and countries around the world considered homosexuality as corrupt and illegal behavior, often punishable by death. As a result of […]
Craftsman’s 1894 tract Homogenic Love, and its Place in a Free Society might be an eminent takeoff from the pervasive showed and pathologising talks of homosexuality in battle on the hour of its production. Craftsman expresses that the ‘overmastering man or woman’ of same-sex want, which he phrases ‘homogenic’ love, ‘might qualifies it for rank […]
The field of psychology has a very dark past when it comes to race, abuse of the mentally challenged, and homosexuality. When it comes to gay people, we are still seeing practices like conversion therapy in the spotlight; something that should have been eradicated years ago along with all of the other discriminatory practices. In […]
An important and controversial topic that has been a popular topic lately is gay marriage. Some believe that people should be free to express how they feel any way they want, on the other hand, Christians typically share the opinion that God created marriage to be between one man and one woman. These opposite opinions […]
Freedom of speech has been an important element in the United States that has set apart this country from others. Citizen’s usually are free to exercise this right, yet there have been cases that show that this right is not always respected. I believe that the Supreme Court is striving to address these issues in […]
It cannot have escaped student’s attention that the apparent conflict between the human rights of members of the LGBT community and freedom of religious practices has been an on-going and increasingly vociferous debate for many generations. None more so than at the present. Exactly how members of the LGBT Community are viewed, and their human rights respected, varies from country to country and from religion to religion.
Even within the same religious context there can be differences of opinion. This is particularly highlighted by the polarisation of opinion within the United States. In this context, gay rights have been presented as the human rights of a persecuted minority which cannot be compromised, while religious freedom has been described as a protection for believers against infringements on their consciences and beliefs. As some churches actively opposed same-sex marriage, it is not surprising that LGBT activists see religious believers as their opponents.
Meanwhile, religious believers from various religions feel that they are being vilified for simply maintaining the fundamental principles of their faith. They feel they are being forced to violate their consciences and creeds to accommodate changing societal values. They now see themselves as a persecuted minority on the losing side of a cultural upheaval that they reject. Some also believe that their institutions are being threatened by laws or courts that want to force them to violate their beliefs or lose their right to function in society.
– To what extent should religions be forced, often by legislation, to change their views in-line with society norms, or to what extent should religion influence legislation and governmental policy to support its beliefs?
– Does religion have a role to play in governmental decision making given the secular nature of many countries, particularly western nations?
– To what extent should the human rights of individuals to conduct their lives be seen to over-ride the rights of groups/religions to conduct worship as their doctrines have traditionally dictated?
– How has this conflict manifest itself within the major religions?
– To what extent is this concept increasing the “Clash of Civilisations” between the more liberal Western religions and the more traditional Eastern traditions?
– What is the balance like within the Netherlands and how does it compare to other European societies?
– How are shifts in political orientation affecting the balance between religious freedom and societal freedoms?
– Currently all human rights are seen as equal. Should there be a hierarchy of human rights, and if so what should the hierarchy look like. Who should construct that hierarchy?
1. The objective is for students to debate the apparent conflict between religion and human rights through the context of the LGBT Community. It should develop student’s ability to research and formalise a balanced approach to the problems. Highlighting the key issues from both perspectives and developing the ability to be able to take an empathetic and constructive outlook from each perspective.
2. In the wider context students should also identify the wider issues that are developed, such as the potential for the Clash of Civilisations and the role of religion in a secular society and the hierarchy and structure of human rights.
3. Students should be able to demonstrate their ability to accept and understand varying views and be able to discuss and debate in a logical, non-confrontational manner that utilises logic, empathy and persuasion as its core concepts.
Case Study Instructions
In cases revolving around a clash of human rights which ought to take precedence, the best example to use as a case study would be that of a court room. However, in this case the focus of the case study should not only be to focus students on the court case itself, but rather what precedent would be set by the following case.
Since part of the objective of the International Classroom project is to create inter-cultural skills, this should also include developing skills which would be useful in the future. In this case study, using skills used in law and in human rights legal debates.
Part 1: Prior to the lecture and the case study students should be directed to investigate previous court cases and legal precedents that can be used in a court of law. Guidance can be given by the educator by giving examples in provided reading but otherwise it should be up to the individual student to use their own independent research skills.
Part 2: The lecture before the case study begins should focus on the importance of how human rights can clash. Examples of the Westboro Baptist Church in the US should be a good example of how the religious right to freedom of expression in the US can take precedent in a court of law over the issue of inciting homophobia. The setting of this scene will prepare students before the case study takes place.
Part 3: Before taking a break from the lecture, the educator should inform the students of how this court case will take place. The educator will choose one person who will represent an aggrieved party bringing a civil suit against a religious group that is insisting on its right to wear clothing in school that is homophobia/transphobic in nature that also supports its fundamental religious beliefs. This is in a sense a fictitious representation of the Westboro example.
Half of the class is then assigned to assisting the aggrieved party prosecuting and the other half is then assigned to the defensive religious group in creating their defence. The classroom should therefore look like this:
Part 4: The Groups then begin formulating their own arguments in preparation for the big debate, this should take half an hour to allow for a full hour of debate and voting to take place next. The educators job in all this is to oversee the discussions and that they are being fruitful, and where necessary guide the students if there are having difficulty. The educator should be reminded however, that this case study is largely an independent study activity.
Part 5: The two groups previously divided are re-joined and will be an interactive audience in this court case.
The beginning of this case study begins much as a real court of law does, in that the prosecution always begins first, the student making the arguments of the prosecution lays out their grievances and why the court should find in favour of the grievance. The defence then goes next by choosing to defend points from the prosecution if the student wishes but also lays out their own reasons and defence as to why it is important for the class to find in favour of the defence.
The educator must ensure that there is no interruptions during these opening speeches.
Part 6: The first 20 minutes should be taken up by these discussions, however this is where the traditional aspect of the court ceases and both the prosecution and the defence are open to questioning and critique from the audience. Where necessary the educator can also ask probing questions if the response from the audience is lacking.
The educator should remind students of the important implications that a case like this can have in the daily lives of individuals and the precedents that can be set by decisions such as this.
Part 7: Before the end of the case study the court case is resolved by a class vote including that of the educator. The educator in the role of the mediator counts the votes but also states at the end the decision they have made and why and discuss with individual points of interest from the discussion which has taken place. The educator can also draw upon real life examples of some of the discussion points that students have brought up.
