Tag: Same-Sex Marriage
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New Frontiers of Gender Constitutionalism in Asia (2): Gender Identity and Sexuality
—Mara Malagodi, The Chinese University of Hong Kong, Faculty of Law [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.] In this second post in the two-part series on new frontiers of gender constitutionalism in Asia, I explore the constitutional treatment of…
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Quo vadis, Inter-American Court? Activism, Backlash and Latin American Constitutionalism (I-CONnect Column)
—Francisca Pou Giménez, ITAM, Mexico City [Editor’s note: This is one of our biweekly I-CONnect columns. Columns, while scholarly in accordance with the tone of the blog and about the same length as a normal blog post, are a bit more “op-ed” in nature than standard posts.
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The Politics behind the Latest Advisory Opinions of the Inter-American Court of Human Rights
—Nicolás Carrillo-Santarelli, Universidad de la Sabana, Colombia[1] The Inter-American Court of Human Rights (hereinafter, IACtHR) recently made public the text of its two latest advisory opinions, In OC-24/17 the Court was of the opinion that the change of name and identity documents ought to be consistent with the self-perceived gender identities, reason why individuals should…
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Crisis and its Opposite: A Reminiscence of Same-Sex Marriage’s Most Successful Year (I-CONnect Column)
—James Fowkes, University of Münster Faculty of Law [Editor’s note: This is one of our biweekly I-CONnect columns. Columns, while scholarly in accordance with the tone of the blog and about the same length as a normal blog post, are a bit more “op-ed” in nature than standard posts.
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Not #LoveWins: On the Indonesian LGBT Case
–Stefanus Hendrianto, Boston College On December 14, 2017, the Indonesian Constitutional issued a long awaited decision on a petition to outlaw extramarital and gay sex.[1] In a 5-4 decision, the Court declared that it has no authority to ban sex outside marriage, including a ban on homosexual relationships.
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Book Review: Eric C. Christiansen on Angioletta Sperti’s “Constitutional Courts, Gay Rights and Sexual Orientation Equality”
[Note: In this installment of I•CONnect’s Book Review Series, Eric C. Christiansen reviews Angioletta Sperti’s “Constitutional Courts, Gay Rights and Sexual Orientation Equality” (Hart Publishing, 2017).] —Eric C. Christiansen, Professor of Law, Golden Gate University School of Law, San Francisco, California USA and Visiting Fulbright Professor, University of Valencia, Spain.
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Responsibility and Judgment in a Muted 3-D Dialogue: A Primer on the Same-Sex Marriage Case in Taiwan
—Ming-Sung Kuo, Associate Professor of Law, University of Warwick & Hui-Wen Chen, Research Assistant, University of Warwick The Taiwan Constitutional Court (TCC) made its long-awaited decision on same-sex marriage on May 24, 2017 (the Same-Sex Marriage Case). In this landmark ruling (JY Interpretation No 748), the TCC declares that the exiting provisions on marriage in the Civil…
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Article Review/Response: Robert Leckey on Michèle Finck’s “Role of Human Dignity in Gay Rights Adjudication and Legislation: A Comparative Perspective”
[Editor’s Note: In this installment of I•CONnect’s Article Review Series, Robert Leckey reviews Michèle Finck’s article The Role of Human Dignity in Gay Rights Adjudication and Legislation: A Comparative Perspective, which appears in the current issue of I•CON. Michèle Finck then responds to the review.
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Brazilian Constitutionalism Moving Backwards? Same-Sex Marriage and the New Conservative Congress
—Juliano Zaiden Benvindo, University of Brasilia, Brazil The debate over same-sex marriage is once again in the newspaper headlines. After the US Supreme Court accepted, on February 16, to hear the cases brought by fifteen same-sex couples from four states (Michigan, Ohio, Kentucky, and Tennessee), chances are that, finally, a federal judicial ruling in this…
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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.