The challenges of anti-gender rhetoric to liberal constitutionalism
(2026) ICON-S 2026. Reimagining Public Law for a Fractured Law - Technology, Identity & Truth — Location: Dublin (29.June.2026)
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- The model of liberal constitutionalism, broadly adopted since the end of World War II, is now increasingly coming under pressure. One of the key reasons for this shift is the rise of so-called "illiberalism", i.e ., regimes that claim to uphold constitutionalism in its barest form, while distancing themselves from the liberal values we have come to associate it with-such as the rule of law, human rights, and separation of powers. While illiberal actors' strategies may vary in their specifics, they tend to share common themes and patterns. One such recurring topic in illiberal rhetoric is their stance against "gender", used as an umbrella term to denounce a variety of topics, most prevalent amongst which are sexual orientation and gender identity (SOGI) and reproductive rights. I argue that the adoption of such an "anti-gender" stance plays a key role in allowing illiberal actors to challenge liberal constitutionalism from within , using its own terminology and mechanisms. I analyse, for instance, the reliance on fundamental rights: invoking children's rights to justify limitations of SOGI rights or appealing to freedom of expression and the plurality of thought it implies to denounce equality-promoting measures as "imposing" a certain way of thinking. I conclude that drawbacks on SOGI and reproductive rights are now presented by illiberal actors as necessary to protect constitutional democracy, calling for a reconsideration of our understanding of constitutionalism, in particular of the values it is meant to protect and how they should be protected.
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Vanloocke, M. (2026, July 1). The challenges of anti-gender rhetoric to liberal constitutionalism. ICON-S 2026. Reimagining Public Law for a Fractured Law - Technology, Identity & Truth, Dublin. https://hdl.handle.net/2078.5/281305