The Canadian LGBT movement has had enormous success in gaining political and legal recognition for sexual minorities—as much as any of its sister movements in other countries. This is especially remarkable because the sexual repressiveness of the Canadian social and political climate remained largely in place until the 1990s. And although activist groups across the country have had challenges in marshalling resources, mobilizing beyond the regional level, and overcoming internal inequities, advocacy pressure has been effective enough to produce a political sea change with few precedents in other issue areas. Starting in the 1990s, Canada experienced a country-wide “takeoff” in the formal recognition of sexual diversity, most dramatically in the legal status given to same-sex relationships. Even if a vocal minority of the general public opposed such moves, the acceptance of sexual minorities as legitimate members of the Canadian mosaic has become politically normalized. Sexual diversity is far from being fully accepted, and those communities traditionally under-represented in the LGBT movement still face marginalization in a period of growing socioeconomic inequality. But the movement has made impressive gains, aided by social and institutional factors that have allowed activist leverage when the political winds blew in their favor. This success, however, presents new challenges, creating complacency within and beyond LGBT circles and increasing the difficulty of mobilizing people and resources. The decline of religiously conservative opposition to the public recognition of sexual diversity in Canada has also created room for the movement to become more fragmented than it has been in the past. And yet there is still much need for advocacy. Socially conservative politicians are still pandering to public anxiety about recognizing sexual diversity. Activist attention is still needed in areas such as schooling, policing, social service provision, and immigration. Trans people, “two-spirited” Indigenous people, and sexual minorities within Canada’s large ethnocultural and religious minorities are often on the margins of their own communities, the broader society, and the LGBT movement itself. From the early 1970s through the mid-2000s, the Canadian movement’s trajectory was similar to activism elsewhere. A “liberationist” period generated a long-lasting strand of radicalism alongside a slowly growing current focused on seeking rights through mainstream political channels (Adam, 1987, 1999). The analysis to follow first points to distinctive elements of the Canadian social and political context and then traces the evolution of what would become the LGBT movement from these early stages and into a period of legal and political “takeoff.” It points to strong commonalities in movement agendas, even across imposing regional lines, but also recognizes the challenges of mounting coherent movement responses to remaining inequities in a political environment so marked by activist success.
The American Catholic Church has a long history in health care. At the turn of 19th century, Catholic nuns began developing the United States’ first hospital and health care systems, amassing a high level of professionalization and expertise in the field. The bishops also have a well-established record advocating for healthcare, stemming back to 1919 with the Bishops’ Program for Social Reconstruction, which called for affordable and comprehensive care, particularly for the poor and vulnerable. Moving into the latter part of the 20th century, the bishops continued to push for health care reform. However, in the aftermath of Roe v. Wade (1973), the American bishops insisted that any reform or form of universal health care be consistent with the Church’s teaching against abortion, contraception, and euthanasia. The bishops were also adamant that health care policy respect religious liberty and freedom of conscience. In 1993, these concerns caused the bishops to pull their support for the Clinton Administration’s Health Security Act, since the bill covered abortion as a medical and pregnancy-related service. The debate over health care in the 1990s served as a precursor for the United States Conference of Catholic Bishops’ (USCCB) opposition to the Obama Administration’s Affordable Care Act (ACA) and the Department of Health and Human Services’ (HHS) contraception mandate. The ACA also highlighted a divide within the Church on health care among religious leaders. For example, progressive female religious leadership organizations, such as the Leadership Conference of Women Religious (LCWR) and their affiliate NETWORK (a Catholic social justice lobby), took a different position than the bishops and supported the ACA, believing it had enough protections against federally funded abortion. Though some argue this divide lead to institutional scrutiny of the sisters affiliated with the LCWR and NETWORK, both the bishops and the nuns have held common ground on lobbying the government for affordable, comprehensive, and universal health care.
Udi Sommer and Aliza Forman-Rabinovici
Public debate rages around the world as to if and when a woman has a right to access abortion services. Though abortion policy has become more permissive over time in various places, there are still many countries with severe restrictions. The variety in state abortion policies at the state and regional levels reflects the different religious, cultural, and political attitudes toward this issue. Literature on this topic engages with larger theoretical debates within the study of public policy. That includes definitions of morality policy and determinants of feminist policy. Researchers continue to search for the ideal way to compare permissiveness of abortion policy in light of the extensive variation, conditions, and caveats that exist within abortion legislation. A number of variables, including female political representation, dominant religious groups in the country, and women’s movements have emerged as central correlates with permissiveness of abortion policy. The difference between de jure abortion law and de facto access also constitutes an important part of abortion policy research.
Nick Sitter and Elisabeth Bakke
Democratic backsliding in European Union (EU) member states is not only a policy challenge for the EU, but also a potential existential crisis. If the EU does too little to deal with member state regimes that go back on their commitments to democracy and the rule of law, this risks undermining the EU from within. On the other hand, if the EU takes drastic action, this might split the EU. This article explores the nature and dynamics of democratic backsliding in EU member states, and analyses the EU’s capacity, policy tools and political will to address the challenge. Empirically it draws on the cases that have promoted serious criticism from the Commission and the European Parliament: Hungary, Poland, and to a lesser extent, Romania. After reviewing the literature and defining backsliding as a gradual, deliberate, but open-ended process of de-democratization, the article analyzes the dynamics of backsliding and the EU’s difficulties in dealing with this challenge to liberal democracy and the rule of law. The Hungarian and Polish populist right’s “illiberal” projects involve centralization of power in the hands of the executive and the party, and limiting the independence of the judiciary, the media and civil society. This has brought both governments into direct confrontation with the European Commission. However, the EU’s track record in managing backsliding crises is at best mixed. This comes down to a combination of limited tools and lack of political will. Ordinary infringement procedures offer a limited toolbox, and the Commission has proven reluctant to use even these tools fully. At the same time, party groups in the European Parliament and many member state governments have been reluctant to criticize one of their own, let alone go down the path of suspending aspect of a states’ EU membership. Hence the EU’s dilemma: it is caught between undermining its own values and cohesion through inaction on one hand, and relegating one or more member states it to a second tier—or even pushing them out altogether—on the other.
Most philosophers agree that it is unjust for one’s life prospects to be determined by one’s race, gender, or social class. And most think that there are demanding duties on members of the same political community (co-citizens) to reduce inequalities that track these features of individuals. But philosophers strongly disagree about how to evaluate inequalities that track the country one is born in. Are global inequalities (inequalities among individuals living in different countries) as problematic and for the same reasons as domestic inequalities (inequalities among co-citizens)? The question of whether egalitarian principles of distributive justice extend globally, beyond the domestic sphere, has been the central question in the debate on global distributive justice. Statists argue that there is something normatively significant about the state, but not the global institutional order, which grounds one’s concerns with domestic inequalities, but not global inequalities. Global egalitarians argue that global inequalities are as unjust to the same extent and for the same reasons as domestic inequalities. The disagreement between both camps can be traced back to different normative, empirical, and methodological assumptions. Statists and global egalitarians can, however, converge on a number of important issues, and the debate can be advanced beyond the stalemate it has reached by investigating these issues of convergence. Significantly, statists can agree with global egalitarians that global justice requires equality of concern (the requirement that interests of all individuals have equal weight), and global egalitarians have reasons to take states seriously to the extent that having a world of states (or multiple political communities) can be shown to be compatible with the requirement of equal concern. Thus, it is important to work out whether individuals have a fundamental interest in being members of political communities, how that interest compares to their interests in opportunities, income, and wealth, and which institutional arraignments can advance these interests according to the right balance.
Since the 1980s, the law of the European Union (EU) has become a substantial transnational source of political empowerment for LGBT actors in Europe. The Rome Treaty (1957), which established the European Economic Community, contained a gender equality clause. In the 1990s, this provision was used to protect employment rights of intersex individuals via litigation schemes based on EU law. Yet the subsequent attempts to push forward a similar legal protection for gay and lesbian equality at the Court of Justice of the European Union (CJEU), based on the EU sex-equality clause, failed. Since then, the position of the LGBT community in EU legislative politics has evolved significantly through two dimensions. First, the Amsterdam Treaty (1997) extended the number of grounds protected against discrimination in EU law, adding sexual orientation, among others, to this palette. The Amsterdam Treaty permitted the EU Council to adopt the Framework Equality Directive 2000/78/EC, an instrument of secondary Union law that has safeguarded minimum standards of protection against homophobia in relation to matters of employment in all member states. This framework EU legislation has been used by LGBT litigants in their fight for equal working opportunities and pension rights at the CJEU. Second, the introduction of EU citizenship by virtue of the Maastricht Treaty (1992) and the respective secondary law (the EU Citizenship Directive 2004/38/EC) have paved the way for status recognition of same-sex spouses in the member states that have not previously recognized same-sex partnership or marriage. The future of LGBT legislative politics and the LGBT community in Europe will largely depend on whether EU law is able to extend protection beyond the current confines of the employment area, broaden its scope to cover social dimensions such as health and education, and fully recognize same-sex marriages and partnerships throughout the EU.
Nathan C. Walker
A society’s political and legal treatment of religion is a distinct indicator of the health of a democracy. Consequently, high levels of political and legal contempt for religion in the United States can be an indicator that partners in American democracy may be going through a divorce. By drawing upon studies that measure voter attitudes and behaviors, as well as research that tracks the levels of social hostilities and violence toward religion, students of democracy see into two of society’s most revealing mirrors: political rhetoric and the nation’s laws. These reflections can unveil powerful questions about the true character of a nation: will democracy rule from a place of contempt for the religious other, or from a state of passive political tolerance, or from a constitutional commitment to actively protect the rights of those with whom we disagree? Theories of political tolerance and psychological studies of contempt prove helpful in examining contemporary levels of religious animosity in politics and law. The Religious Contempt Scale, as introduced in this essay, gauges a society’s willingness to tolerate the religious other. When special attention is given to the frequency and degrees of severity of expressions of contempt, it becomes clear that contempt has political utility: to motivate the intolerant to gain access to power and, in turn, to motivate those who are intolerant of intolerance to remove them.
Russell H. Kaschula and Michael M. Kretzer
Language policies in sub-Saharan African nations emerge out of specific political, historical, socioeconomic, and linguistic conditions. Education plays a crucial role for all spheres of language policy. Policies either upgrade or downgrade indigenous languages through their application at various educational institutions. The most significant example is the selection of the language(s) used as languages of learning and teaching at higher-education institutions. The region’s colonial history also influences the language policies of the independent African states. Language policy in Senegal is an example of a francophone country focusing on a linguistic assimilation policy in which minor reforms in favor of indigenous languages have taken place. Rwanda’s language policy is unique as the former francophone nation now uses English as an exoglossic language in a type of hybrid language policy. Botswana is an example of an anglophone country that follows a language policy that is dominated by a very close connection to the notion of nation-building through its concentration on a single language, Setswana, alongside English. Tanzania is an anglophone African country whose policy focuses on Kiswahili, which is one of the very few indigenous and endoglossic languages. Kiswahili is broadly used in Tanzanian educational institutions until the tertiary level, but its use as medium of instruction focuses on the primary level. South Africa demonstrates the very close relationship between general political decisions and language policy and vice versa. Language policy decisions are never neutral and are influenced by the politics of a specific country. As a result, individual and societal language attitudes influence language policies. In addition to this, the overt and official language policy on a macro level may differ from the implementation of such policies on a micro level. At the micro level, practice can include covert language practices by various stakeholders.
Kristina M. Teater and Laura Dudley Jenkins
Freedom of religion is a constitutional right in India, but this religiously diverse democracy regulates religion in several ways, including enforcing religious personal laws, regulating religious minority educational institutions, monitoring conversions, limiting religious appeals during political campaigns, and outlawing acts that outrage religious feelings. The 42nd constitutional amendment in 1976 added the word “secular” to the Indian constitution, which provides a distinctive model of religion-state relations and regulation that is rooted in historical struggles with colonial rule and abundant religious diversity. The “personal law” system grants major religious communities distinct family laws. Religious minorities have regulated autonomy in the sphere of education based on constitutional commitments to minority colleges and educational institutions. The religious freedom clause in the Indian constitution is one of the most comprehensive in the world, yet several state-level “freedom of religion” acts prohibit “forcible” or “induced” conversions. Affirmative action or “reservation” policies also necessitate regulating conversions, as low castes lose their eligibility upon conversion to Islam or Christianity. Appealing for votes on the basis of religion or caste is a “corrupt practice.” A colonial-era statute continues to outlaw “deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.” Constitutional and state regulations of cow slaughter also protect the religious beliefs of some Hindus. Whether defending “religious freedom” by limiting conversions, or criminalizing insults to religious beliefs, laws in India to “protect” religions and religious persons at times threaten the practice and expression of diverse religious perspectives.
Barbara A. McGraw and James T. Richardson
Although the United States Constitution presumably was designed to avoid “regulation” of religion, there is an interplay between religious individuals and private organizations, on the one hand, and the state, on the other hand, which has a regulatory effect on religion in some areas of public life. The First Amendment’s “Religious Clauses” prohibit an establishment of religion and preserve the right to free exercise of religion. An important area of contention and development in legislation and Supreme Court jurisprudence involves free exercise accommodations or exemptions to laws and rules that generally apply to everyone. These are particularly at issue in the workplace, in correctional institutions, and in the military. The latter two give rise to establishment issues, which have been resolved in favor of free exercise, as government support of religion has been held to be necessary to preserve the free exercise rights of inmates and service personnel. The enactment of the Religious Freedom Restoration Act (RFRA) and the Religious Land Use and Institutionalized Persons Act (RLUIPA) have led to a much greater deference to religious rights, resulting in accommodations that would not have been required under preexisting legislation and judicial interpretation. Another such area involves religious organizations themselves, in particular issues regarding tax-exempt status, land use, and faith-based initiatives. A provision in the tax code known as the Johnson Amendment, which restrains religious (and other tax-exempt organizations) from certain political activities, has been challenged recently as a limitation on free speech, however without success so far. Issues involving local government limitations on religious organizations’ land use through zoning restrictions are now being addressed more favorably for religious organizations through the land-use provisions of RLUIPA, although not without controversy. Faith-based initiatives have promoted religious organizations, or faith-based organizations (FBOs), as important government partners, which are eligible to receive public funds for the delivery of social services. Since the late 20th century, there has been a gradual, but significant shift toward greater respect for individuals’ and groups’ religious rights, especially reflected in recent legislation and Supreme Court decisions. Such trends suggest that, although religion has come into conflict with legal-policy developments in other areas, such as those involving gay marriage and contraception coverage, the right to practice one’s religion and participate in public endeavors alongside nonreligious individuals and groups, is likely to continue to expand for the foreseeable future.