Jeroen Temperman, professor of International Law & Religion and head of the department of International and European Law at Erasmus School of Law, discusses the recent discussion surrounding special schools and anti-gay statements in Trouw. In the in-depth article by Wendelmoet Boersema, Temperman argues for acceptance and the necessity for the state to prevent damage to dignity.
In his inaugural lecture “Corporate religious freedom and the rights of others”, delivered last year, Temperman already identified various plurality conflicts like this one. In this type of case in which private collective actors, such as companies and schools, raise conscientious objections against equal treatment of LGBT+ persons, the state is faced with complex choices. Temperman concludes, among other things, that exclusion practices facilitated or tolerated by the government lead to dignity damage in the LGBT+ community.
This topic has recently gained significant interest again due to the discussion about special schools and anti-gay statements. This discussion was sparked by a statement by Minister Arie Slob, in which he stated that religious schools have the right to ask the parents of students to distance themselves from homosexuality through a declaration, provided that the schools treat students equally. Due to the commotion on this subject, some people came up with the idea to impose an obligation to accept, because people from the LGBT+ community feel discriminated by these practices.
Temperman sees the imposition of an acceptance obligation as a solution, but not a complete one. “With equal access, there are no equal rights yet, that would be too short-sighted. The crux, in my view, is that if the government subsidizes organizations, it must also ensure that there is no discrimination, at the door or behind the door. Because if discrimination does take place, it ultimately feels like a rejection by the state.” Such a change, according to Temperman, is possible without restricting the freedom of religion or education of parents. Temperman sees another solution in “tackling Article 23 of the Constitution once and for all - the achievements or complications from the School Struggle”. This solution, however, is a lot more drastic.
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You can read the whole article in Trouw here.
