Curing the Koushal Malady
“We are of the view that though Judges of the highest Court do their best, subject of course to the limitation of human fallibility, yet situations may arise, in the...
Sexual Orientation
From Torment to Tolerance and Acceptance to the Everyday: The Course of LGBT Equality in the UK
Colonisation is a dodgy business. Laws are mainstreamed across the Empire. So what did the Romans, keen to distance themselves from their pre-Christian roots, ever do for gay men? They...
Surrogacy, Same-sex Couples and the Privatisation of Regulation in Israel
On 30 January 2014, the Israeli Government published a draft bill on surrogacy. This proposed amendment to Israel’s 1996 surrogacy law, which was based on a deeply entrenched heteronormative vision...
Scotland's Gay Rights Journey
On 4 February 2014, MSPs passed the SNP government’s Marriage and Civil Partnership (Scotland) Bill into law, 105 votes to 18. Exemplifying the disunities of contemporary UK politics, the Scottish...
Reviewing Koushal: Counting Down the Errors Apparent on the Face of the Record
The seven review petitions filed in the case of Koushal v Naz Foundation (“Koushal”) are an exercise in drawing up the rather lengthy list of errors apparent on the face...
Over to you, Parliament – The significance of the Australian High Court’s judgment on same-sex marriage
A striking feature of Australian High Court jurisprudence in recent years is the Court’s use of orthodox judicial analysis to decide issues of deep political controversy and high significance for...
Naz and Reclaiming Counter-Majoritarianism
The term “counter-majoritarian” has, more often than not, been used in a derogatory fashion – especially when it is used to describe an institution like the Supreme Court. However, after...
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...
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...
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...
Of Koushal v NAZ Foundation’s Several Travesties: Discrimination and Democracy
There are many things wrong about the 98 page decision of the Indian Supreme Court in Suresh Kumar Koushal v NAZ Foundation. The Court’s extensive quoting but tenacious refusal to...
XYZ or HJ: How do EU and UK refugee law stack up on identity issues?
The purpose of refugee law is to give sanctuary to people fleeing persecution because of some aspect of their identity. But to what extent, if at all, should people be...
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