Secularism, same-sex relations, and legal pluralism

This chapter aims to explain the historical and contemporary conceptual terrain over which queer and religious actors are operating, especially in relation to the state's recognition of same-sex relations. I first cast some light on the link between secularization and secularism with a view to determining what we are to understand by these terms. Then, I discuss an alternative view of secularization as an integral part of the state-building processes in Europe. In doing so, I explain why the theoretical toolkit of “legal pluralism” proves particularly enlightening in rethinking the role and place of sub-state normative regimes within states. Finally, I briefly apply my arguments to the ongoing struggle for same-sex marriage in numerous countries around the world. I argue that in a truly post-secular society the legal order should allow people—whether queer or religious—to produce “their own law” and make available a plurality of regulatory models.