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The Crime of “Homosexuality” under Cameroon Criminal Law

The Crime of “Homosexuality” under Cameroon Criminal Law

According to Human Rights Watch there are 76 countries in the world that prosecute people for having consensual sexual relations with a person of the same sex. In Cameroon,  the rate of enforcement of anti-homosexual laws  is amongst the highest on the globe. Over the past three years, charges have been brought against 28 people [...]

Naz Foundation: Reading Down the Supreme Court

Naz Foundation: Reading Down the Supreme Court

There is no doubt that the Supreme Court in Suresh Kumar v Naz Foundation held that section 377 of the Indian Penal Code, which criminalizes ‘carnal intercourse against the order of nature,’ was constitutionally valid. The court overruled the 2009 Delhi High Court decision which had read down section 377 to exclude ‘consensual sexual acts [...]

The Commonwealth v The Australian Capital Territory: Marriage Equality in the High Court

The Commonwealth v The Australian Capital Territory: Marriage Equality in the High Court

On Thursday the High Court of Australia effectively struck down the nation’s first same-sex marriage laws. But there was a silver lining for marriage equality activists: in striking down marriage laws passed by a territorial parliament, the High Court firmly indicated that it was within the constitutional power of the Australian national parliament to legislate [...]

HIV and Caribbean Law: Case for Tolerance

HIV and Caribbean Law: Case for Tolerance

In the western hemisphere, the Anglophone Caribbean maintains some of the most regressive anti-gay laws in the world.  The Republic of Trinidad and Tobago as well as Belize both have laws that prohibit homosexuals from even visiting.  Same-gender intimacy, regardless of consent or physical location, is criminalized with sentences ranging from life imprisonment to 10 [...]

Equality v Human Rights?: Same sex marriage and religious liberty

Equality v Human Rights?: Same sex marriage and religious liberty

This is an edited transcript of an address given by Aidan O’Neill QC on Thursday 13 June 2013, at Matrix Chambers on ‘Same Sex Marriage and Religious Liberty’ Some 50 years ago, in the wake of the publication in 1957 of the Wolfenden report which advocated a decriminalization of same sex sexual acts, a public [...]

Marriage Equality in New Zealand – Part II: Public Interest Litigation

Marriage Equality in New Zealand – Part II: Public Interest Litigation

By Max Harris Editor’s Note: Last week, Max Harris examined the religious exemptions of New Zealand’s recently passed Marriage (Definition of Marriage) Amendment Act 2013.  Today, he takes a closer look at the issues that the Act raises about public interest litigation. As noted last week, on April 17, the New Zealand Parliament passed the [...]

Marriage Equality in New Zealand – Part I: Religious Exemptions

Marriage Equality in New Zealand – Part I: Religious Exemptions

By Max Harris – On 17 April, the New Zealand Parliament passed the Marriage (Definition of Marriage) Amendment Act 2013 following a powerful nationwide campaign—led by the Campaign for Marriage Equality, Legalise Love, and others. The Act received Royal Assent from the Governor-General (the standard procedure for legislation in New Zealand) on 19 April and [...]

Gender-Neutral Marriage and ‘Attenuated Discrimination’: Legal Developments in France

Gender-Neutral Marriage and ‘Attenuated Discrimination’: Legal Developments in France

by Professor Daniel Borrillo- During his election campaign, French president François Hollande announced as part of his political program: I want to fight against all forms of discrimination and to make available new civil rights : I will make available to homosexual couples the rights to marriage and adoption. Following this commitment, on November 7, 2012, [...]

Same-Sex Marriage: Bill N°344 Amidst France’s Wider Political Landscape

Same-Sex Marriage: Bill N°344 Amidst France’s Wider Political Landscape

By Delphine Rooz – On 12 April 2013, the French Senate adopted Bill n°344, which opens marriage to same-sex couples—a key issue among François Hollande’s promises during the 2012 presidential campaign. Earlier, the French Constitutional Court had ruled that the prohibition of same-sex marriage was not contrary to the Constitution. It therefore had to be addressed [...]

LGBTI Federal Anti-Discrimination laws are a significant first step

LGBTI Federal Anti-Discrimination laws are a significant first step

By Heidi Yates- The proposed introduction of ‘sexual orientation’, ‘gender identity’ and ‘intersex status’ as protected attributes under the Sex Discrimination Act (SDA) is a significant step forward for many lesbian, gay, bisexual, transgender and intersex (LGBTI) Australians. Over the past 17 years, these issues have been the subject of at least five government and [...]

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