The Indian Supreme Court Declares the Constitutional Right to Privacy
2017 has been a big year for constitutional development in India. In a historic and landmark decision, a 9-judge bench of the Supreme Court pronounced that the right to privacy...
Battling for Equality: Recognizing Civil Service Benefits in Same-sex Marriages
The struggle for LGBTQ rights remains an embryonic fight in Asia, waiting to be further developed through advocacy and legal change, amidst vocal opponents demanding the preservation of conservative values...
First in Asia – Taiwan’s Marriage Equality Ruling in Comparative and Queer Perspectives
On 24 May 2017, the Constitutional Court of Taiwan issued a ruling in favour of same-sex marriage (full text in Chinese; press summary in English). The ruling gave two years...
The DUP’s Worrying Human Rights Record
As talks between the Conservative Party and the Democratic Unionist Party (DUP) continue in the UK, the DUP’s positions on human rights are of general interest. Although the Conservative Party...
The Court of Appeal in Northern Ireland on sexual orientation discrimination – justice served?
The facts of Ashers have been set out on this Blog previously, so only a brief recap is necessary here. The respondent was a gay man who ordered a cake...
Who Benefits From India’s Move to Ban Commercial Surrogacy?
The press release on the latest draft Assisted Reproductive Technology (Regulation) Bill (the Surrogacy Regulation Bill) categorises India as “a surrogacy hub for couples from different countries”, but raises alarm...
LGB, T and LGBT
This post reflects on a recent clarification sought by the Indian government regarding whether or not the term ‘transgender’ — as used in NALSA v Union of India — covers...
The Czech Constitutional Court Strikes Down a Ban on Individual Adoption by Registered Partners
Last week, the Czech Constitutional Court (CCC) invalidated a statutory provision prohibiting adoption by people living in a registered partnership (Pl. ÚS 7/15). The case was decided by a plenary...
LGBT Equality in the US: Despite Obergefell Victory, the Fight Continues
One year ago today, on June 26, 2015, the US Supreme Court decided Obergefell v. Hodges, in which the Court held that the US Constitution’s Fourteenth Amendment requires States to...
Steinfeld v Secretary of State for Education: Court of Appeal has Granted Leave to Appeal
It has recently been announced that the challenge to the prohibition on opposite sex couples entering into civil partnerships in England and Wales is due to be heard by the...
Using the Convention Against Torture to Advance Transgender and Intersex Rights
Violence and cruelty towards LGBTQI people worldwide is still far too common, making the Convention Against Torture (CAT) an obvious tool for LGBTQI activists. However, it is less obvious that...
Animus and Unequal Dignity: The Purpose and Effect of North Carolina’s New Anti-LGBT Law
On March 24, 2016, lesbian, gay, bisexual, and transgender (“LGBT”) North Carolina residents woke up to a new and hostile legal reality. Just one day prior, Republican lawmakers convened a...