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This article argues that international human rights law does not adequately respect people's plural religious and sexual identities and, moreover, is working to ignore the ways in which both governments and individuals are increasingly reconfiguring "sexual persecution" as "religious persecution." The article uses case-studies from both and to demonstrate not only how state persecution of gays, lesbians, and homosexuals is often steeped in claims of religiosity, but also how increasing numbers of people from around the world are challenging traditional religious practices which denigrate gayness and homosexuality. Thus, when such "homo-sectuals" - to use a neologism - are persecuted, they understand this persecution as religious persecution. Given this reality, the article argues that international human rights norms and practices could better respect persons' diverse self-identifications and self-understandings by more seriously deploying existing human rights protections concerning religious persecution.

Chandra Mallampalli, Race, Religion and Law in Colonial India: Trials of an Interracial Family, Cambridge: Cambridge University Press, 2011, pp. 286.

"This book explores different theories of law, religion, and tradition, from both a secular and a religious perspective. It reflects on how tradition and change can affect religious and secular legal reasoning, identifying the patterns of legal evolution within religious and secular traditions. It is often taken for granted that, even in law, change corresponds and correlates to progress - that things ought to be changed and they will necessarily get better. There is no doubt that legal changes over the centuries have made it possible to enhance the protection of individual rights and to somewhat contain the possibility of tyranny and despotism. But progress is not everything in law: stability and certainty lie at the core of the rule of law. Similarly, religions and religious laws could not survive without traditions; and yet, they still evolve, and their evolution is often intermingled with secular law. The book asks (and in some ways answers) the questions: What is the role of tradition within religions and religious laws? What is the impact of religious traditions on secular laws, and vice-versa? How are the elements of tradition to be identified? Are they the same within the secular and the religious realm? Do secular law and religious law follow comparable patterns of change? Do their levels of resilience differ significantly? How does the history of religion and law affect changes within religious traditions and legal systems? The overall focus of the book addresses the extent to which tradition plays a role in shaping and re-shaping secular and religious laws, as well as their mutual boundaries."--Back cover

"The problem of absolutes" refers to the difficulty of grounding and defending absolute prohibitions in a legal system that is rationalized on the basis of means-ends rationality. (An example might be the difficulty in identifying an absolute prohibition on torture that is not susceptible to being reinterpreted, read down, or negotiated away.) In the present paper, I associate this difficulty in the first instance with Max Weber's account of the rationalization of law and the distancing of law from any sense of sacred or transcendent obligation. But other developments need to be considered as well. I argue that the problem is as much about morality as it is about law. The two-law and morality-develop together in a complementary way, and the problem of legal absolutes tends to be matched by a corresponding difficulty with moral absolutes, just as the desanctification of law tends to be matched by a desanctification of morality"--

The intersection of law and religion is a growing area of study for academics working in both subject areas. This book draws together research on several collisions between the two arenas, including a study of religious clauses in the US constitution and the interplay between religion and law in Canada, Australia and South Africa. With an emphasis on common law traditions, this book will be essential reading for researchers and advanced students of law and religion

"The problem of absolutes" refers to the difficulty of grounding and defending absolute prohibitions in a legal system that is rationalized on the basis of means-ends rationality. (An example might be the difficulty in identifying an absolute prohibition on torture that is not susceptible to being reinterpreted, read down, or negotiated away.) In the present paper, I associate this difficulty in the first instance with Max Weber's account of the rationalization of law and the distancing of law from any sense of sacred or transcendent obligation. But other developments need to be considered as well. I argue that the problem is as much about morality as it is about law. The two-law and morality-develop together in a complementary way, and the problem of legal absolutes tends to be matched by a corresponding difficulty with moral absolutes, just as the desanctification of law tends to be matched by a desanctification of morality"--

Intro -- Contents -- Introduction -- SECTION I. Religious freedom and human flourishing in Nigeria -- 1. Squaring the circle: Freedom of religion and secularism in the Nigerian constitution -- Introduction -- History of freedom of religion in Nigerian jurisprudence -- The 1959 Constitutional Conference: negotiating Nigerian religious freedom -- Management of sharia in Nigerian constitutionalism -- The 1959 settlement and the privatisation of sharia -- Privatisation of sharia and limitation of Sharia Courts -- Secularity as a contested constitutional norm -- Section 10 of the Nigerian Constitution and non‑establishment of religion -- Comparative secularist perspectives and assessment of Nigerian secularism -- Tension between secularity and religious freedom in Nigeria -- Disestablishment in the 1979 Constitution -- Rawlsian ordering and the "fact of pluralism" -- Nigerian constitutional confusion on religion -- Conclusion -- 2. Human flourishing, church leadership and legal disputes in Nigerian churches -- Introduction -- Conceptualisation of terms -- Churches and the promotion of human flourishing -- Church disputes -- Celestial Church of Christ (CCC) -- Christ Apostolic Church (CAC) -- Effects of church disputes on human flourishing -- Strife amongst members -- Loss of reputation -- Loss of focus and progress -- Waste of resources -- Schism and burden of members -- Towards effective internal governance mechanisms -- Conclusion -- 3. Freedom of, from or for religion: Perspectives from proscription of religious activities in halls of residence at Obafemi Awolowo University, Ile‑Ife, Nigeria -- Introduction -- Contentions over boundaries of religious freedom in higher education space -- Regulatory framework for sound disturbance in Nigeria -- National and state level regulations -- Higher education institution regulations.