Sexual Orientation & the Law

Case Comment: South Africa: Constitutional Protection for Homosexuals-A Brave Initiative, But Is It Working

by paula gerber

On Options of Citizens and Moral Choices of States: Gays and European Federalism

by Dimitry Kochenov

33 Fordham International Law Journal, 2009, pp. 156–205.

Building on the example of gay rights and, specifically, the likely change in the cross-border acceptance of same-sex... more Building on the example of gay rights and, specifically, the likely change in the cross-border acceptance of same-sex families and unions in the EU, this paper focuses on the analysis of the growing limitations of the EU Member States' capacity to make legal-political choices grounded in abstract moral considerations limiting the freedom of intimate association within the scope ratione materiae of EU law. It does this by applying to the legal context of EU law of Kreimer’s vision of federalism, Karsts analysis of the freedom of intimate association, and Koppelman’s representation of sexual-orientation discrimination as sex discrimination. The paper demonstrates that EU law currently has all the potential needed to reinvent the notion of prohibited sex discrimination in such a way that will improve the lives of millions of EU citizens.

From heteronormativity to full sexual citizenship?: Equality and sexual freedom in Laurie Ackermann’s constitutional jurisprudence

by Pierre Vos

This paper was published in (2008) Acta Juridica 254-272.

This paper engages with the South African Constitutional Court's sexual orientation jurisprudence and argues that... more This paper engages with the South African Constitutional Court's sexual orientation jurisprudence and argues that despite some "queer" moments in earlier judgments, the jurisprudence has fallen back on relying on heteronormative notions of sexual citizenship.

THE CONTROVERSIAL CRIMINALIZATION OF SAME SEX MARRIAGE IN NIGERIA

by Chinyere Ugomma Eze-Nliam

A Legal Review.

A legal review of the anti gay bill that has just been passed in the senate on Nov 29 2011. The author is of the... more A legal review of the anti gay bill that has just been passed in the senate on Nov 29 2011. The author is of the opinion that religiously motivated laws set a dangerous precedent in a country which avers to be secular but which is torn apart by religious strife and bigotry.

On my 50 year anniversary I want a letter from the queen

by Tiffany Jones

Jones, T. and Hillier, L. (2011). ‘On my 50 year anniversary I want a letter from the queen’. In V. Marsh (Ed.), Speak Now: Australian perspectives on same-sex marriage. Melbourne: Clouds of Magellan. pp.84-96.

Book available October 2011.

Foreword—The Hon. Michael Kirby, AC, CMG
Love matters: Editor’s introduction—Victor Marsh

Why gay... more Foreword—The Hon. Michael Kirby, AC, CMG
Love matters: Editor’s introduction—Victor Marsh

Why gay marriage?—Dennis Altman
Historical contexts for a very public Australian lesbian coupling—Barbara Baird
Out in the ACT—Andrew Barr and Anthony Toms
Christianity, marriage, love and friendship—Michael Carden
A history of freedom to marry in Australia—Rodney Croome AM
Married in Canada, living in Oz—Elaine Crump
Not so private lives—Sharon Dane
How to grow a lawn—Michelle Dicinoski
The ins and outs of marriage (and divorce)—Luke Gahan
Make my daughter equal—Evelyn Gray
Stuck on the mezzanine—Ryan Heath
‘On my 50 year anniversary I want a letter from the queen’—Lynne Hillier and Tiffany Jones
Thoughts of a marriage agnostic—Crusader Hillis
Head over falls in love—Walter Jennings
Tying the K(NOT)!—Tiffany Jones
I’m not even sure I really like rainbows—Benjamin Law
‘Are you and Ali married, Grandma?’—Rev. Dorothy McRae-McMahon
Gathering the pieces—Paul Martin
When worlds, happily, collide—Alyena Mohummadally and Catherine Roberts
Marriage at the edge—Chris Morgan
A brief history of relationship law reform in Australia—Wayne Morgan
Supporting same-sex marriage as a heterosexual, Bible-believing, Baptist Pastor—Rev. Nathan Nettleton
‘Messing up the couples cabinet’—Maria Pallotta-Chiarolli
No more lame excuses—Kerryn Phelps AM
The racial politics of marriage claims—Damien W Riggs
Customs—Donald Ritchie
Love is not a threat—Wendell J Rosevear OAM
Our family—Lulu Shapiro and Jannine Lockyer
It makes no sense: Adoption by same-sex couples in Australia—Adiva Sifris & Paula Gerber
Dear Julia, the public supports gay marriage. Why won’t you?—Peter Tatchell
Greetings from the Isle of Lesbos—Yantra de Vilder
Working as a civil celebrant—Zenith Virago
I got married, some can’t. That’s not fair—Deb Wain
Respecting diversity and rights—Tim Wilson
Love triumphing over fear—Tim Wright

APPENDIX

Legal recognition of same-sex couples in the countries of the world: a chronological overview—Kees Waaldijk

Tying the K(NOT)!

by Tiffany Jones

Jones, T. (2011). ‘Tying the K(NOT)!’ In V. Marsh (Ed.), Speak Now: Australian perspectives on same-sex marriage. Melbourne: Clouds of Magellan. pp.105-111.


Book available October 2011.

Foreword—The Hon. Michael Kirby, AC, CMG
Love matters: Editor’s introduction—Victor Marsh

Why gay... more Foreword—The Hon. Michael Kirby, AC, CMG
Love matters: Editor’s introduction—Victor Marsh

Why gay marriage?—Dennis Altman
Historical contexts for a very public Australian lesbian coupling—Barbara Baird
Out in the ACT—Andrew Barr and Anthony Toms
Christianity, marriage, love and friendship—Michael Carden
A history of freedom to marry in Australia—Rodney Croome AM
Married in Canada, living in Oz—Elaine Crump
Not so private lives—Sharon Dane
How to grow a lawn—Michelle Dicinoski
The ins and outs of marriage (and divorce)—Luke Gahan
Make my daughter equal—Evelyn Gray
Stuck on the mezzanine—Ryan Heath
‘On my 50 year anniversary I want a letter from the queen’—Lynne Hillier and Tiffany Jones
Thoughts of a marriage agnostic—Crusader Hillis
Head over falls in love—Walter Jennings
Tying the K(NOT)!—Tiffany Jones
I’m not even sure I really like rainbows—Benjamin Law
‘Are you and Ali married, Grandma?’—Rev. Dorothy McRae-McMahon
Gathering the pieces—Paul Martin
When worlds, happily, collide—Alyena Mohummadally and Catherine Roberts
Marriage at the edge—Chris Morgan
A brief history of relationship law reform in Australia—Wayne Morgan
Supporting same-sex marriage as a heterosexual, Bible-believing, Baptist Pastor—Rev. Nathan Nettleton
‘Messing up the couples cabinet’—Maria Pallotta-Chiarolli
No more lame excuses—Kerryn Phelps AM
The racial politics of marriage claims—Damien W Riggs
Customs—Donald Ritchie
Love is not a threat—Wendell J Rosevear OAM
Our family—Lulu Shapiro and Jannine Lockyer
It makes no sense: Adoption by same-sex couples in Australia—Adiva Sifris & Paula Gerber
Dear Julia, the public supports gay marriage. Why won’t you?—Peter Tatchell
Greetings from the Isle of Lesbos—Yantra de Vilder
Working as a civil celebrant—Zenith Virago
I got married, some can’t. That’s not fair—Deb Wain
Respecting diversity and rights—Tim Wilson
Love triumphing over fear—Tim Wright

APPENDIX

Legal recognition of same-sex couples in the countries of the world: a chronological overview—Kees Waaldijk

Reflecting on HIV disclosure laws in the context of unsafe sex and the harm-reduction strategy

by Cary Federman

appearing in vol. 9(3) (2011).

In this article, we locate two discourses regarding the incidences of bareback sex practices. First, there is the... more In this article, we locate two discourses regarding the incidences of bareback sex practices. First, there is the greater reliance on safe sex practices, including going beyond condemnation of risky behaviour. Second, there is a disciplinary discourse of law and punishment. In the first instance, there is the promotion of the use of alternative (non-invasive) sex practices and condom use. In the second, there are highly selective and punitive disclosure laws specifically directed at unprotected sexual activity and other forms of risky or illicit behaviours that involve the transference of blood or other secretions. We believe, however, that a heightened understanding of the motivations behind unsafe sex is necessary to promote the implementation of public health interventions that will be better adapted to the reality of this population. There is, then, an urgent need to begin reflecting on the type of preventive strategies needed. To this effect, the aim of the current article is to initiate some reflections as well as a dialogue on the compatibility between the practice of bareback sex and a health risk reduction approach.

Genetic and Environmental Influences on Female Sexual Orientation, Childhood Gender Typicality and Adult Gender Identity

by Qazi Rahman

Lesbian, Gay and Bisexual Workers: Equality, Diversity and Inclusion In the Workplace: a Qualitative Research Study

by Fiona Colgan

co-authored with Creegan, C., McKearney, A> and Wright, T.

This article reports emerging findings from a qualitative research study about lesbian, gay and bisexual (LGB) people... more This article reports emerging findings from a qualitative research study about lesbian, gay and bisexual (LGB) people at work in the UK. The research focuses on the personal experiences and strategies of LGB people amidst changing organisational responses to sexuality within a new legal and political landscape following the introduction of the Employment Equality (Sexual Orientation) Regulations 2003. The article draws specifically on the perceptions of lesbian respondents about a range of issues concerning social inclusion and exclusion in the workplace including coming out at work, treatment by managers and colleagues, workplace and organisational culture and participation in LGBT groups and networks

Tackling the last remaining prejudice: achieving sexual orientation diversity and equality at work

by Mustafa Ozbilgin

Ozbilgin. M. (2011) Tackling the last remaining prejudice: achieving sexual orientation diversity and equality at work, HR Magazine. [ http://www.hrmagazine.co.uk/news/rss/1057004/Tackling-last-remaining-prejudice-achieving-sexual-orientation-diversity-equality-work/ ]

Many organisations continue to exclude and marginalize LGBT (Lesbian, Gay, Bisexual and Transgender) individuals and... more Many organisations continue to exclude and marginalize LGBT (Lesbian, Gay, Bisexual and Transgender) individuals and lose their commitment, labour, and custom, when they only cater for heterosexual norms of work-life, socialisation, and partnership and parenting. However, the good news is that we now have extensive literature with a vast array of recipes for sexual orientation equality. Here, I suggest 10 of the oft-cited good practices for achieving greater equality and diversity by sexual orientation.

Decriminalising Queer Sexualities in India: A Multiple Streams Analysis

by Alankaar Sharma

Published in Social Policy and Society, 2008, Vol 7, No. 4, Pp. 419-431.

Against a historical and contemporary backdrop of queer sexualities in India, this paper discusses certain approaches... more Against a historical and contemporary backdrop of queer sexualities in India, this paper discusses certain approaches towards agenda setting using the Multiple Streams policy framework (Kingdon, 1984; Zahariadis, 1999) to change Section 377 of the Indian Penal Code that criminalises non-normative sexual activities. The paper attempts to map the path of legal challenge to Section 377 and focus on the process of agenda setting as a crucial step in the campaign towards social policy change. It then examines some of the current trends and developments that, if used efficaciously through agenda setting, may result in a unique policy window opportunity.

Equal Protection and Sexual Orientation

by Jack Tsen-Ta Lee

(1995) 16 Singapore Law Review 228

Equality is the thread running through the fundamental liberties enshrined in our Constitution. ... Equality,... more Equality is the thread running through the fundamental liberties enshrined in our Constitution. ... Equality, expressed in Art 12 of the [Singapore] Constitution, is also a specific right enforceable by the court. The difficulty comes in applying this deceptively simple concept to real-life situations. ... In considering the validity of legislation, Singapore and Malaysian courts have generally favored rational review, a modest conception of equal protection, unlike their American counterparts which have adopted a more expansive reading in the form of strict and intermediate review. This article examines how these three levels of equal protection review operate, and argues that the scheme of Art 12, explicit judicial and academic approval, and policy support a wider interpretation of equal protection. As an illustration, we will look at whether criminal exclusions of male homosexual activity in private under ss 377 and 377A of the Penal Code violate the right to equal protection.