Hate Speech and the LGBT Community

Hate speech is a result of cultural signals. Everything that doesn't align with the socio-cultural norms becomes the "other", different, and at times perceived negatively. This otherness and negativity lead to distancing and rejection, from which discrimination and physical violence, including hate crimes, can come to be. In this chapter we present the phenomenon of hate speech through the prism of comparative law, define what hate speech is, and indicate some of the factors due to which hate speech is performed. We then continue to analyze the various rights and interests at hand, and evaluate what might be the proper balance between them according to cultural and moral considerations. Moreover, we present the different plausible legal regimes through which protection from hate speech against the LGBT community could be achieved, both in Israel and from a comparative perspective. We suggest that such protection could be found in criminal law, protection against sexual harassment law, and the law of defamation