Religious Discourse on Gender Identity: Freedom of Expression or Hate Speech? A European Perspective

This paper explores the complexities arising from the intersection of religious freedom and the principles of gender equality and non-discrimination, a pressing issue within the modern European landscape. It investigates these challenges by examining legal responses to religious speech linked to gen...

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Main Author: Montserrat Gas-Aixendri
Format: Article
Language:English
Published: MDPI AG 2025-02-01
Series:Religions
Subjects:
Online Access:https://www.mdpi.com/2077-1444/16/3/267
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author Montserrat Gas-Aixendri
author_facet Montserrat Gas-Aixendri
author_sort Montserrat Gas-Aixendri
collection DOAJ
description This paper explores the complexities arising from the intersection of religious freedom and the principles of gender equality and non-discrimination, a pressing issue within the modern European landscape. It investigates these challenges by examining legal responses to religious speech linked to gender identity, particularly in cases categorized as hate speech under criminal law. Through an analysis of jurisprudence and relevant legal and institutional frameworks, the study highlights the risks of relying on criminal law to address such disputes, including potential misuse and overreach. It critically assesses the appropriateness and impact of criminal sanctions, noting their potential to deepen societal divisions and intensify polarization. Moving beyond punitive measures, the article advocates for alternative approaches to resolving these conflicts, emphasizing dialogue, mutual understanding, and respect as means to reduce tensions and build more inclusive communities. By integrating legal analysis with broader societal perspectives, this study makes a meaningful contribution to ongoing debates. It examines how fundamental rights can be effectively reconciled within pluralistic and democratic societies.
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spelling doaj-art-96cef7d9f73544d18f8606a7f81e8b582025-08-20T02:43:06ZengMDPI AGReligions2077-14442025-02-0116326710.3390/rel16030267Religious Discourse on Gender Identity: Freedom of Expression or Hate Speech? A European PerspectiveMontserrat Gas-Aixendri0Faculty of Law, Universitat Internacional de Catalunya, 08017 Barcelona, SpainThis paper explores the complexities arising from the intersection of religious freedom and the principles of gender equality and non-discrimination, a pressing issue within the modern European landscape. It investigates these challenges by examining legal responses to religious speech linked to gender identity, particularly in cases categorized as hate speech under criminal law. Through an analysis of jurisprudence and relevant legal and institutional frameworks, the study highlights the risks of relying on criminal law to address such disputes, including potential misuse and overreach. It critically assesses the appropriateness and impact of criminal sanctions, noting their potential to deepen societal divisions and intensify polarization. Moving beyond punitive measures, the article advocates for alternative approaches to resolving these conflicts, emphasizing dialogue, mutual understanding, and respect as means to reduce tensions and build more inclusive communities. By integrating legal analysis with broader societal perspectives, this study makes a meaningful contribution to ongoing debates. It examines how fundamental rights can be effectively reconciled within pluralistic and democratic societies.https://www.mdpi.com/2077-1444/16/3/267religious speechgender identityhate speechfreedom of religionfreedom of expression
spellingShingle Montserrat Gas-Aixendri
Religious Discourse on Gender Identity: Freedom of Expression or Hate Speech? A European Perspective
Religions
religious speech
gender identity
hate speech
freedom of religion
freedom of expression
title Religious Discourse on Gender Identity: Freedom of Expression or Hate Speech? A European Perspective
title_full Religious Discourse on Gender Identity: Freedom of Expression or Hate Speech? A European Perspective
title_fullStr Religious Discourse on Gender Identity: Freedom of Expression or Hate Speech? A European Perspective
title_full_unstemmed Religious Discourse on Gender Identity: Freedom of Expression or Hate Speech? A European Perspective
title_short Religious Discourse on Gender Identity: Freedom of Expression or Hate Speech? A European Perspective
title_sort religious discourse on gender identity freedom of expression or hate speech a european perspective
topic religious speech
gender identity
hate speech
freedom of religion
freedom of expression
url https://www.mdpi.com/2077-1444/16/3/267
work_keys_str_mv AT montserratgasaixendri religiousdiscourseongenderidentityfreedomofexpressionorhatespeechaeuropeanperspective