미국의 포괄적 차별금지법과 관련 사례 연구

Abstract

Anti-discrimination law with sexual orientation and gender identity (SOGI) as protective categories has been adopted in twenty two states and D.C. among fifty states in America.* Professor, Soongsil University, Internatioal Legal Affairs Department. This study on problems through execution of the ADL demonstrates that freedom of speech, freedom of religious expression, and freedom of religion are under threat of legal sanction, thereby shrinking. As Bostock decision recently issued by the Supreme Court of America acknowledged that discrimination based on ‘sex’ under Civil Rights Act without SOGI is applied to protect LGBT groups, comprehensive ADL without SOGI, once enacted, will probably work as a legal basis to give privilege to homosexual behaviors, gender reassignment, or other gender-queer activities over freedom of religious expression or freedom of religion. Human Rights Commission in these states has functioned as aggressive organizations intervening in the area of freedom of expression, and freedom of religious expression. Judicial reviews on legal sanctions imposed by the HRC in the states indicates that the sanctions are more likely to be upheld unless HRC works based upon hatred against a religion. The anti-discrimination bill has such definition clause regarding ‘sex’ as ‘male, female and unknown gender’, which conflicts with Constitution Art.36 and the decision of the Supreme Court of Korea acknowledging only male and female. As NYC human right guide illustrates, the extension of sex to more than two, without social consensus, leads to social disorder, controversies and restriction of freedom of expression to object to gender re-assigning measures.