Sexual Orientation

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...
Of Koushal v NAZ Foundation’s Several Travesties: Discrimination and Democracy

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?

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...
Taking Conscience Seriously

Taking Conscience Seriously

Ladele (see previous posts) exemplifies an important public debate: has the embrace of gay equality by the liberal state become oppressive towards free conscience rights? The legalization of gay marriage...
European Court of Human Rights Rules on Same-Sex Civil Partnerships

European Court of Human Rights Rules on Same-Sex Civil Partnerships

In the case of Vallianatos and Others v. Greece, the Grand Chamber of the European Court of Human Rights held that the legal recognition of different-sex civil partnerships to the...
Wedding Crashers in Canberra?

Wedding Crashers in Canberra?

The Australian Capital Territory made Australian history this week as the first Australian jurisdiction to provide for same-sex marriage. The ACT, Australia’s equivalent of the US District of Columbia, first...
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...
The Liberty-Equality Debate: Comparing the Lawrence and  Naz Foundation Rulings

The Liberty-Equality Debate: Comparing the Lawrence and Naz Foundation Rulings

Last month marked the 10 year anniversary of Lawrence v Texas, where the US Supreme Court ruled that laws that criminalised sodomy were unconstitutional. Like June 26 2013, June 26...
Justice Edwin Cameron on the United Nations Free and Equal Campaign

Justice Edwin Cameron on the United Nations Free and Equal Campaign

On Friday 26th July, in Cape Town, the United Nations launched a new international campaign to counter homophobia, dubbed the Free and Equal Campaign. I was privileged to share the...
Is it Time for the US Supreme Court to Come Out of the Closet?

Is it Time for the US Supreme Court to Come Out of the Closet?

In a follow-up post to his previous analysis of Windsor v. United States, Karl Laird examines which constitutional provisions were invoked in the US Supreme Court decision. Now that a...
The Questions Raised by Striking Down DOMA

The Questions Raised by Striking Down DOMA

In light of the release of Windsor v the United States, Karl Laird analyzes the US Supreme Court’s reasoning, noting the Court still avoids the hard questions. It took Justice...
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...

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