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Global Jurist

Ed. by Mattei, Ugo / Monti, Alberto

SCImago Journal Rank (SJR) 2014: 0.101

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Living on the Edge of Queer Theory and Canada’s Uncanny Pluralism: Queer Religious Bodies as Constitutional Strangers

1Department of Law, University of Bordeaux, Bordeaux, France; University of Montreal, Montréal, QC, Canada

Citation Information: Global Jurist. Volume 13, Issue 2-3, Pages 87–114, ISSN (Online) 1934-2640, ISSN (Print) 2194-5675, DOI: https://doi.org/10.1515/gj-2014-0007, May 2014

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This paper investigates alternative critical insights into the conflict of religion and queerness in Canadian constitutional law, through the tools offered by Queer Theories. In Canada, this implies the adoption of a critical phenomenology of pluralism as the object of Queer Theory. Adjudicating pluralism becomes a sovereign performance, and publicness a zone of national intimacy. The conflict of rights produces a typology of queer religious bodies as constitutional strangers through a range of capacities that a body can or cannot do. Will be argued that the norm of religious citizenship is heteronormativity, and the norm of queer citizenship deciphers the ascendency of male whiteness.

Keywords: Queer Theory; religion; queerness; pluralism; bodies; Canada; constitutional law

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