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One of the first to counter these arguments was Herbert Hart. Freedom of belief, one of the cornerstones of democracy, prevents the obligations required of all followers of a given belief from being imposed on all citizens. In this second perspective, it becomes his or her right to see his or her specific difference not disrespected publicly. The religious conviction of others, therefore, may not deprive of rights a social group that does not refuse to observe the general obligations of citizenship. The guarantee of a subjective right was given by the instruments of commutative justice corrective or retributive : return to someone what belongs to them, repair the damage caused, apply a punishment proportional to the injury caused the other person. And cases do exist in "nature", rendering the argument groundless, as proven by empirical evidence: the establishment of relations between individuals of the same sex has been discovered in several mammals. The social image of a group, like a common good, cannot be distributed in a commercial manner.

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This expansion of democracy includes the right to civil and political freedoms, whose most salient features are freedom of expression the end of crimes of opinion , freedom of association the end of crimes of sedition and the extension of suffrage to all adult individuals.

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These individual rights, deemed the fundamental rights of any member of Brazilian society, are enough to reveal to what degree the institutionalized continuity of antigay stigmas is illicit. This is why, Mill concluded, the only liberty that deserves the name of liberty is the liberty to pursue our own happiness, in our own way, provided it does not prevent others from doing the same Mill, , p. This type of crime victimizes the collectivity, since it breaches democratic coexistence. The coherence of the assertion is at best doubtful. Dealing specifically with Roman Catholic tradition, the constitution Gaudium et Spes , of , states: "Marriage to be sure is not instituted solely for procreation" GS , One could even say that insults consistent with the denial of rights can propagate the negative image of homosexuals.

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