The line between freedom of speech and vilification - a tricky one

Just reading an article in the Sydney Morning Herald trumpeting the right to criticize other's religion beliefs. While I am uncomfortable with laws verging on restricting freedom of speech, even deeply offensive speech, I was somewhat taken aback by the following quote:

"There are also laws protecting people from vilification based on gender, sexual orientation and race. This is as it should be, given that these are inherent, unchangeable qualities. An attack on a person based on their race, gender or sexuality is an attack on their right to exist. Religion is different. We are not born with religious ideas; we learn them and we teach them. They are a cluster of facts, mythology, feelings and suppositions existing only in our heads. They can be altered, strengthened or abandoned."

Aside from the obvious [at least to me] perspective that abandoning one's religion may not be as easy as the writer suggests, or indeed that that religious ideas "exist only in our heads" might be deeply offensive and debatable in itself, I found it intriguing how in this author's mind, choosing to parade one's choice of how to have sex is seen as involiable in the same way as gender or race are.

Gender is an undoubtably biological essentialism. The difference between males and females is hardwired from conception and the distinction is important in all significant cultures. It is not feasible to decide to hide the fact that one is female [I know it has been done it certainly would be next to impossible for most women]. Race is a more ambiguous category, and certainly not like gender, but on the other hand, it is not possible for most black people to pretend to be white [and vice versa, not that that would usually be advantageous].

'Sexual orientation' on the other hand, is not something as plain as the nose on one's face, as it were. It is possible to consider oneself 'gay', even to maintain a homosexual relationship, without it being obvious to every single person you meet. This is not the case with gender, or race. While some maintain that homosexuality is not a choice and is genetic, the evidence for this is far from unchallenged. It is hard to believe that less than a quarter of a century ago people could still be locked up for homosexuality, whereas nowadays it is considered sacreligious to hold the opinion that it might be anything other that a genetic inevitability.

I'm not suggesting that people should be able to debate with every gay person they meet about the rights and wrongs of homosexuality. It would be most inappropriate, according to the mores of our society, for an manager to impose his or her views on an employee who identifies as 'gay', and to expect them to listen to disparaging comments about homosexual lifestyle. On the other hand, why should every Christian be forced to endure unsolicited debates about God or Christianity from those in authority? Should a Muslim employee be asked everytime that there is some terrorist event around the world whether he or she knew about it or was involved [it happens]? Or should a Hindu be required to accept snide jokes about cows?

I think we're going down a dangerous path if we regard religion as simply 'political ideologies' that can be debated willy nilly regardless of the offence it causes. By and large, people are born into religions and hold them very deeply. It's not easy to change. Nevertheless, I think that laws should not impede genuine and respectful debate. Perhaps it's better that we have laws which indicate it's not carte blanche to ridicule others' beliefs, and leave it up to the courts to determine when the line from free speech to harassment and incitement has been crossed.

Here's the article I commenting on:
http://smh.com.au/news/opinion/believe-in-the-right-to-insult-the-faithful/2005/07/03/1120329322701.html