Religious Law, Gender Identity and Sexual Orientation: Moving Forward With the Search of a Common Ground?

In Western secular countries the tension between claims of LGBT rights and the exercise of religious freedom is at the center of an increasing debate and the legalization of same-sex unions emphasized the collision between state policies and religious narratives, giving rise to fiercely litigated “culture wars”. First, the present paper will analyze possible future scenarios about the interaction between religious freedom and LGBT rights, taking into account political-social-legal insights. Recently certain academics underlined the “sad irony” of the current tension, as religious freedom and nondiscrimination policies could move forward the search of a common ground. Second, the present paper aims to analyze new challenges for religious law, which are pressed to reconcile their set of values with a more sensitive approach towards gender identity and sexual orientation. Religious groups have not an uniform perception about sexuality and progressive trends are developing within them. Recent theologicaljuridical arguments re-interpreted sacred texts through the lens of a new commitment, emphasizing their genuine message of equality. Religious narratives are provided with internal doctrines and mechanisms aimed at facilitating not only their internal dynamics but also their interaction and dialogue with the secular external reality. Finally, from this point of view, the paper will examine the contribution religious laws can give to face the new challenges of secular/multicultural societies, so as to enrich the public debate about all forms of diversity and to promote pluralism.