Tag: Lawrence v. Texas
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Leading by Opposition: Justice Scalia and Comparative Constitutional Law
—Claudia E. Haupt, Columbia Law School As tributes to Justice Antonin Scalia are pouring in, a common theme is emerging among those of us who tended to disagree with him in most cases: he made us think harder. As Jamal Greene, himself a scholar of comparative constitutional law, remarked: “What he did was change how…
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Human Dignity in Obergefell v. Hodges
—Michèle Finck, Fellow, London School of Economics, and Lecturer, Keble College, University of Oxford. Human dignity is currently somewhat of a buzzword in constitutional and human rights studies. While resonating well on an intuitive level, the concept is however tricky to define in legal terms – underlining the conceptual vagueness or flexibility that characterizes it.
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Orthodox in the Extreme: India’s Same-Sex Jurisprudence in Comparative Perspective
—Rehan Abeyratne (Jindal Global Law School) and Nilesh Sinha (Syracuse University) Last week, the Indian Supreme Court issued a controversial ruling in Koushal v. Naz Foundation. It upheld the constitutionality of Section 377 of the Indian Penal Code, which criminalizes “carnal intercourse against the order of nature.”
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The Liberty-Equality Debate: Comparing the Lawrence and Naz Foundation Rulings
Cross-posted with permission from the Oxford Human Rights Hub Blog. —Ajey Sangai, Research Associate, Jindal Global Law School Last month marked the 10-year anniversary of Lawrence v. Texas, where the United States Supreme Court ruled that laws that criminalized sodomy were unconstitutional.