Up Against the Property Logic of Equality Law: Conservative Christian Accommodation Claims and Gay Rights

This paper explores conservative Christian demands that religious-based objections to providing services to lesbians and gay men should be accommodated by employers and public bodies. Focusing on a series of court judgments, alongside commentators’ critical accounts, the paper explores the dominant interpretation of the conflict as one involving two groups with deeply held, competing interests, and suggests this interpretation can be understood through a social property framework. The paper explores how religious beliefs and sexual orientation are attachments whose power has been unsettled by equality law. But entangled with this property is another—that held in workers’ labour and public bodies’ resources. Arguing against the drive to balance competing interests, the paper uses social property to illuminate the agonistic character of the stakes. At the same time, it questions property as a normative framework for sexual orientation and religious beliefs.     

'An Unfortunate Coincidence': Jews and Jewishness in Twentieth-century English Judicial Discourse

This paper explores the neglected area of representations of Jews and Jewishness in English legal cases. In considering judicial knowledge of ‘the Jew’, I ask three primary questions. First, how do English judges understand and represent ‘the Jew’ and in relation to what material factors do these understandings and representations change? Second, how do English judges construct racial knowledge, what rhetorical technologies are fashioned and deployed? Third, are the effects of contemporary judicial racializations of Jewishness different in substance from earlier ones? The purpose of this paper is to study the encounter between English judges and ‘the Jew’ in the twentieth century, eschewing a reading that centres ‘antisemitism’ or ‘discrimination’ in favour of one that focuses on the complex and contradictory narratives in these judgments and the kinds of work these narratives do.     

“Sociologically speaking”: Law,sexuality and social change

Historically, legal discourse affirms the apparent naturalness of the heterosexual family, contributing to the invisibility of social processes which privilege heterosexuality. In this paper, Herman examines ways in which this naturalization and invisibility are the result of the delegitimation of knowledges which challenge the ‘Truth’ of law. Exploring the role of the sociologist as expert witness in the recent Mossop decisions, but also aspects of other recent lesbian and gay litigation, Herman raises a number of questions about the relationship between meaning and truth in law, and the constitution of sexual identity through the legal process. In so doing, she raises questions central to feminist theory.