Part II | Outline

Category C | Discrimination

Topic 16 | Navigating FoRB and SOGI claims

Although it can be difficult to balance and reconcile religious freedom and belief (FoRB) claims with sexual orientation and gender identity (SOGI) claims, often it is not impossible. Several principles can help in navigating and resolving conflicting rights claims: (1) a universal commitment to the human dignity of everyone involved can help build empathy and respect between parties; (2) the effort to balance and reconcile rights should focus on creating a safe environment for everyone involved; and (3) the conversation should focus on the parties’ interests rather than their positions. Once interests align, parties are more willing and able to come to a pluralistic solution that is fair and balanced.

Guiding principles  

• (1) Focus on the human dignity of all. When each side respects the dignity of the other, they have increased empathy for the other—and empathetic parties are more willing to find solutions.

  • Human dignity may be viewed differently by various groups. Christians see it as divine value rooted in human beings being created in the image of God. Atheists may find foundations of human dignity in human nature, or on principles of reciprocity and a good life for all. LGBTQ individuals may link human dignity to ideas such as equal recognition and freedom from stigma.

    • Understanding these different perspectives of dignity is crucial for FoRB advocates to connect with SOGI advocates, fostering empathy and potential for finding common ground.

• (2) Focus on creating a safe environment for productive conversations. Productive conversations avoid emotional escalation and skepticism.

  • Instead, they involve posing questions, listening, sharing neutral facts, communicating uncertainty (in a posture of being teachable), and demonstrating a healthy balance of humility with confidence in their values and interests.

• (3) Focus on solutions that address parties’ interests, rather than positions.  

  • Focusing on underlying interests instead of rigid positions is essential for effective conflict resolution, as each interest may have multiple positions.
  • Promoting FoRB interests while validating SOGI interests helps parties discern shared interests, which can facilitate collaborative solutions that creatively and fairly balance religious freedom rights with protections against discrimination.

Case study  

• In Loudoun County, Virginia, FoRB and SOGI advocates utilized the three guiding principles to find agreement on school policy amendments that helped balance the interests and optimize the rights of both groups.