Køn, (u)ligebehandling og den danske folkekirke

Abstract

Gender equality that is integral to the values of the Danish society may conflict with respect for the autonomy of religious institutions, because these bodies sometimes discriminate against women. The conflict is settled by exempting faith communities, including the national church, from the Gender Equality Act. The aim of the article is twofold: to discuss the legitimacy of exempting the national church, and to point at alternatives. The article discusses conflicting normative positions in debates about religious accommodation, explores legislative decision-makings, and touches on legal aspects of the conflict in the context of human rights regimes. The article suggests fixing the principle of gender equality in the national church by law while still protecting the minority within the church.