Gender identity and the protection of ontological difference through the autonomy of religious associations

Abstract

This article critically examines the intersection of gender identity, religious associational autonomy, and the evolving legal landscape in liberal democracies. Focusing on the clash between transgender rights and the religious beliefs held by these associations, it navigates the deep-rooted beliefs and assumptions underlying the transgender phenomenon. The article advocates for the protection of the autonomy of religious groups by considering international law, the principle of subsidiarity, the limits of law, and the inherent values that permeate these groups. Emphasizing the communal nature of religious associations, a holistic and integrated perspective is argued for.