JOURNAL ARTICLE

The War Within Religion: Towards a More Nuanced Resolution of Religion–Equality Conflicts.

  • Published In: American Journal of Comparative Law, 2023, v. 71, n. 4. P. 789 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Barak-Corren, Netta 3 of 3

Abstract

This article examines conflicts between religious liberty and gender equality, including LGBTQ equality, focusing on the "culture wars" paradigm prevalent in the United States, Israel, and other countries. It argues that this paradigm is incomplete because it overlooks significant internal conflicts within conservative religious communities, where leaders employ nuanced, intermediate strategies—termed social-impact regulation—to manage and mitigate these tensions by varying responses based on the nonconformist’s role (e.g., teacher vs. student) and the sphere of nonconformity (public vs. private). Drawing on qualitative interviews with Catholic and Orthodox Jewish educational leaders and an experimental study with Jewish Orthodox participants in Israel, the article demonstrates that these factors causally influence decisions to exclude or tolerate sexual nonconformity and affect compliance with court rulings. The findings suggest that legal approaches to religion–equality conflicts should consider these intermediate religious solutions, proposing three normative models—demanding, rejecting, and intermediate—that incorporate social-impact regulation differently, each with distinct implications for religious autonomy and equality protections.

Additional Information

  • Source:American Journal of Comparative Law. 2023/12, Vol. 71, Issue 4, p789
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2023
  • ISSN:0002-919X
  • DOI:10.1093/ajcl/avae005
  • Accession Number:178019516
  • Copyright Statement:Copyright of American Journal of Comparative Law is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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