Abstract
In July 2017, a pastor’s inflammatory comments on same-sex marriage ignited a challenge at the intersection of religious expression and legal protection in Aotearoa-New Zealand. The pastor declared that while he was not opposed to same-sex marriage per se, he endorsed violent consequences for such unions, invoking a grim interpretation of biblical texts. His public sermon, suggesting “homo death” and advocating shooting such men in the head as a response to same-sex relationships, highlighted a significant gap in existing legislation. Aotearoa-New Zealand’s current laws, aimed at curbing excessive speech inciting violence, do not encompass sexual orientation as a protected category, leaving the police and Human Rights Commission powerless to act. As a doctoral student in theology, I embarked on a landmark case challenging this legislative shortfall, with support from the Human Rights Commission and pro bono human rights lawyers. This paper traces the journey of this ‘religiously justified hate speech’ case through the Human Rights Commission, High Court, and Court of Appeal, and its forthcoming steps to the Supreme Court and potentially the United Nations Human Rights Council. It intersects with transdisciplinary practical research, drawing from law, religious studies, sociology, anthropology, psychology, and public policy. The discussion examines the reversal of religious and spiritual institutions from protectors to exacerbators of vulnerabilities. It critically engages with the tension between secular human rights frameworks and religious perspectives, exploring how religiously inspired violence intersects with issues of gender, sexuality, and legal protection in contemporary society.
Details
Presentation Type
Paper Presentation in a Themed Session
Theme
KEYWORDS
RELIGIOUS, EXPRESSION, LEGAL, PROTECTION, HATE. SPEECH, SEXUAL,ORIENTATION
