A Postmodern Constitutionalism: Equality Rights, Identity Politics, and the Canadian National Imagination

In the 1990s, identity has become the centrepiece of theoretical work in a variety of disciplines. We now know that, in the conditions of late modem (or postmodem) society, identity is complex-it is fragmented, intersected, subject to alteration, socially constructed and it exhibits only a partial fixity at any moment. Most important, identities are to be valued, respected, and understood on their own terms. However, we also have relearned (if we ever forgot) that identities can be dangerous and fatal, especially when they coalesce in the form of nationalism. In this article, I will explore the intersection of nationalism and identity in the Canadian context and will use as an example to explore these broad issues, the constitutional recognition of sexual orientation as a prohibited ground of discrimination

Gendered nationalism : the gender gap in support for the Scottish National Party

Recent major surveys of the Scottish electorate and of Scottish National Party (SNP) members have revealed a distinct gender gap in support for the party. Men are markedly more likely than women to vote for the SNP and they comprise more than two-thirds of its membership. In this article, we use data from those surveys to test various possible explanations for the disproportionately male support for the SNP. While popular accounts have focused on the gendered appeal of recent leaders and on the party’s fluctuating efforts at achieving gender equality in its parliamentary representation, we find much stronger support for a different explanation. Women are less inclined to support and to join the SNP because they are markedly less supportive of its central objective of independence for Scotland. Since men and women barely differ in their reported national identities, the origins of this gender gap in support for independence presents a puzzle for further research

The litmus test of pride: analysing the emergence of the Belgrade “Ghost” pride in the context of EU accession

The transformation of lesbian, gay, bisexual, and transgender (LGBT) rights into a “standard for civilisation” has not been without consequences. With LGBT Pride parades becoming a symbol for Europeanness in the European Union (EU) accession process, this article asks how the litmus test character of Belgrade Pride has transformed LGBT politics in Serbia. Empirically, the analysis provides an in-depth analysis of how Serbia’s EU accession process has shaped the politics of Belgrade Pride between 2001 and 2015 and vice versa. It is argued that the international symbolic usage of Pride is no innocent practice as it has foreclosed its local politicality. Indeed, whilst Belgrade Pride became politicised as a litmus test in the EU accession process, domestically it developed into an apolitical ritualised event devoid of LGBT politics

Faith in the future: sexuality, religion and the public sphere

The clash between religious freedom and equality for lesbians and gay men has become a controversial legal issue in the United Kingdom. Increasingly, claims are made that compliance with anti-discrimination norms impacts upon conscientious, faith-based objectors to same-sex sexual acts. This article explores this issue and draws insights from North American case law, where this question has been considered in the context of competing constitutional rights. It raises far-reaching issues concerning the distinction between belief and practice, as well as the role of identity in the public sphere. The author advocates that courts and tribunals should adopt a fact-specific approach which is sensitive to the rights in a particular context, and which focuses upon the values of accommodation, tolerance and mutual respect. © The Author 2009. Published by Oxford University Press

Faith in rights: the struggle over same-sex adoption in the United Kingdom

Over the past decade of Labour government in the United Kingdom (U.K.), the regulation of sexual orientation through law has frequently been explained by its supporters through a narrative of progress and even emancipation. The most recent junction in this journey came in 2007, with the coming into force of the Equality Act (Sexual Orientation) Regulations on 30 April 2007.1 These Regulations contain measures pro-hibiting discrimination on grounds of sexual orientation in the provision of goods, facilities and services, education, the use and disposal of premises, and the exercise of public functions