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...
Sexual Orientation
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...
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
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?
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...
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