Constitutional Courts, Gay Rights and Sexual Orientation Equality

(Hardback)

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In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination. It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays and lesbians rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international levels and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate.

Reviews

...it is impressive how the author manages at the beginning and at the end of each chapter to guide the reader through her sophisticated reconstruction of the legal arguments, the reasoning of courts, and the explanation of certain trends emerging from the comparison...another great value of the volume is the ability to provide a detailed analysis of gay rights and sexual orientation equality by offering a massive diachronic and synchronic comparison of constitutional provisions, legislation and case-law encompassing a variety of countries with different legal traditions. -- Cristina Fasone * Rivista di Diritti Comparati *
Angioletta Spertis new book is published at an excellent time...In addition to explaining recent legal developments related to sexual orientation equality, she wishes to uncover and use recent sexual orientation legal developments to elucidate insights about transnational constitutional borrowing and inter-branch dialogue in constitutional democracies. The pleasant surprise of this book is that Sperti accomplishes both, and does so insightfully and convincingly. -- Eric C. Christiansen, Professor of Law, Golden Gate University School of Law, San Francisco * ICONnect Blog *
Comparative and equality law scholars will surely appreciate many aspects of this work, which engages with an impressive range of courts decisions and foreign domestic and international material and proposes a comprehensive legal analysis of the issue. Sperti also brings to the table a very nuanced understanding of how constitutional law can address and correct social prejudices, and how courts interact with cultural changes and socially accepted notions of sex, family and marriage. -- Ivana Isailovic, Harvard University * International Journal of Constitutional Law *
The author of this lucid examination of the use of constitutional challenges to advance lesbian, gay and bisexual rights provides an expert, detailed and wide-ranging exploration of the field. -- Brian Dempsey, University of Dundee * SCOLAG Legal Journal *

Author Bio

Angioletta Sperti is Associate Professor of Comparative Public Law at the University of Pisa.