Policy Brief No. 1. Religious Discourse on Gender Identity: Freedom of Expression or Hate Speech?

• Pages: 11-16
• Author: Montserrat Gas-Aixendri

TARGET AUDIENCE

Technical sta of public administrations (local, regional and national), policy-makers, legislators,

legal practitioners, and professionals in international bodies working in the areas of equality, human

rights and diversity management.

EXECUTIVE SUMMARY

Across Europe, criminal complaints against religious leaders for public statements on gender iden-

tity and sexual orientation are on the rise. Although the vast majority of these proceedings end in

acquittal or dismissal, their proliferation reects a structural tension between religious freedom and

freedom of expression, on the one hand, and hate speech legislation, on the other.

Relying on criminal law as the primary response to these conicts carries signicant risks. This policy

brief recommends that public authorities: (1) apply criminal law rigorously and only as a last resort;

(2) strengthen non-criminal mechanisms such as counter-speech, mediation and self-regulation; (3)

invest in human rights and diversity education; and (4) create institutional spaces for interreligious

and intercultural dialogue. Only through a comprehensive approach that harmonises all fundamental

rights at stake — without sacricing some in favour of others — can we advance towards more inclu-

sive and cohesive societies.

KEY POLICY QUESTION

Where does the legally required threshold lie between legitimately oensive religious speech and

criminally relevant hate speech, and what instruments should public authorities use to manage this

conict without eroding democratic pluralism?

11

GENDER EQUALITY AND RELIGIOUS FREEDOM IN THE 2030 AGENDA:

TEN POLICY BRIEFS

Francisca Pérez-Madrid (coord.)

Dykinson, Madrid, 2026

POLICY BRIEF

RELIGIOUS DISCOURSE ON GENDER IDENTITY:

FREEDOM OF EXPRESSION OR HATE SPEECH?

Montserrat Gas-Aixendri

Full Professor of Law, Universitat Internacional de Catalunya

1

THE POLICY

PROBLEM

Over recent decades, Europe has witnessed a signicant rise in complaints against re-

ligious leaders for public statements on gender identity and sexual orientation. This

phenomenon reects a growing tension between the right to religious freedom and

freedom of expression, on the one hand, and the principles of equality and non-discri-

mination, on the other — both foundational pillars of the democratic rule of law.

European hate speech laws, designed to protect vulnerable groups from expressions

that incite hatred, hostility or violence, have generated intense debate about their

impact on freedom of expression — particularly in the sphere of religious discourse.

Frequent recourse to criminal law to resolve these conicts raises concerns about its

suitability as a policy instrument, given its potential counterproductive eects in terms

of social polarisation and the erosion of democratic pluralism.