Whose Equality? Freedom of Religious Associations and Gaum v. Van Rensburg
Bibliographic Data
| ID | 20511749 |
|---|---|
| Authors | Stéphane De Freitas (0000-0003-0236-0109, University of the Free State, corresponding author), Shaun De Freitas |
| Year | 2023 |
| Volume | 38 |
| Issue | 2 |
| Pages | 249-264 |
| Publication date | 2023-05-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of Law and Religion (JOURNAL) |
| Journal identifiers | ISSN: 0748-0814 • E-ISSN: 2163-3088 |
| Publisher | Cambridge University Press (PUBLISHER • US) |
| DOI | 10.1017/jlr.2023.6 |
| OpenAlex | W4379347755 |
| Language | EN |
| References cited | 10 |
In Gaum and Others v. Van Rensburg NO and Others , the South African High Court held the view that a decision taken by the Synod of the Dutch Reformed Church, which included a condition of a life of celibacy for gays and lesbians in order to be ordained as ministers in the church, along with a prohibition against the solemnizing of same-sex civil unions by ministers in the church, resulted in a violation of the right to equality and that unfair discrimination based on sexual orientation had taken place. Consequently, the finding in Gaum postulated a specific view on the permissible boundaries regarding conduct related to sexual orientation that should apply to a religious association. In this regard, Gaum is of concern when considering that courts in democracies around the world generally refrain from getting involved in matters related to the central doctrines of a religious association. Gaum ’s findings are disquieting not only for the effective protection of the right to freedom of religion (in both an individual and associational context) but also for the furtherance of diversity. It is argued in this article that Gaum exceeded its jurisdiction in adjudicating on matters related to conduct regarding sexual orientation, an argument that critically focuses on the concept of equality against the background of the importance of the protection of the autonomy of religious associations
Autonomy · Celibacy · Freedom of association · Freedom of Religion · Human rights · Jurisdiction · Political science · Politics · Religious freedom · Sexual orientation · Sociology · Discrimination and Equality Law · Gender Studies · History · Law · Legal Issues in South Africa · Religious Freedom and Discrimination
| Citation velocity | historical |
|---|---|
| Highly cited | No |