Leiden, Koninklijke Brill NV, 2021, 116 pages, € 84.00

Hate speech is often used as a tool for discriminating against people that belong to a marginalised group or minority. When it comes to the LGBTQIA+ community, hateful expressions oft en contain a religious background. Phrases such as ‘homosexuality is a sin!’ , ‘homosexuals will go to hell!’ or ‘it goes against God!’ are only a few examples of homophobic/transphobic hate speech. This poses a special dilemma, from a legal perspective, as, on the one hand, the right to freedom of religion and belief (FORB), as well as the right to freedom of expression, are expressly stated in various international human rights sources, whereas, on the other hand, international provisions banning discrimination do not explicitly include discrimination on the grounds of sexual orientation or gender identity.

In his book Religious Speech, Hatred and LGBT Rights, Jeroen Temperman deals with this dilemma, and questions such as: what constitutes as hate speech under international and regional standards? Where does the line lie between freedom of expression, religion or belief and the prohibition of discrimination? Can a right against discrimination on the basis of sexual orientation and gender identity be derived from international obligations without being expressly named therein? To what extent can homophobic/transphobic speech be justified when quoting religious beliefs?

By giving an extensive and comprehensive overview of the legal framework and existing case law on a national, regional and international level, the author methodically answers these questions, and establishes a possible benchmark for balancing FORB and LGBTQIA+ rights. He first addresses the problem of whether the LQBTQIA+ community can, in fact, be qualified as a group that is protected against incitement and discrimination under international human rights law. He concludes that such a qualification is not only possible, but is indicated, and is already in practice. The UN Human Rights Committee, as well as the European Court of Human Rights (ECtHR), have recognised LGBTQIA+ rights, making a balancing of rights, and thus a limitation of other substantial rights, possible.