What is it about?
This paper analyses the cultural constraints in the Russian legal system imposed by the prevailing social philosophy, which is characterized by a significant degree of religious conservatism and communitarianism. This conservatism is predictably opposed to sexual minorities and to those who want to defend or justify them.
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Why is it important?
The author concludes that religious conceptions of the Russian Orthodox Church have a strong impact on decision-making in Russian courts and can sometimes overrule the provisions of the Russian Constitution and the laws that formally grant protection and guarantees to sexual minorities.
Perspectives
The narratives of the Church cannot be ignored by judges and other actors in the Russian legal system who, to some extent, are subject to the general perception of what is just, acceptable, and reasonable in society, and are factually bound by this perception. Insofar as the Orthodoxy gains the support of the state and its political and legal philosophy partly becomes a part of the state ideology, the impact of the Church on Russian courts grow.
Mikhail Antonov
Higher School of Economics
Read the Original
This page is a summary of: Religion, Sexual Minorities, and the Rule of Law in Russia, Journal of Law Religion and State, April 2019, Brill,
DOI: 10.1163/22124810-00702002.
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