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Homosexuality and the federal constitution : a legal analysis of the U.S. Supreme Court ruling in Romer v. Evans
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Year: 1996 Publisher: Washington, District of Columbia : Library of Congress, Congressional Research Service,

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The U.S. Supreme Court this term in Romer v. Evans , decided 6 to 3 that the State of Colorado violated the right of lesbians and homosexuals to Equal Protection of the Laws when it adopted, by voter referendum, Amendment 2 to the State Constitution. That amendment rescinded various state and local laws prohibiting discrimination on the basis of "homosexual, lesbian or bisexual orientation" and barred the statutory enactment of any such civil rights protection in the future. Justice Kennedy's majority opinion affirmed the judgment but not the rationale of the Colorado Supreme Court which had applied "strict scrutiny" to invalidate Amendment 2 based on a "fundamental rights" analysis. Instead, the Kennedy-led majority applied a "rationality" standard to hold that the "broad and undifferentiated disability of a single named group" was irrational and could not be justified by any legitimate state interest. Bowers v. Hardwick was not mentioned by the Romer majority. In Bowers , a decade earlier the Court refused, by a 5 to 4 vote, to find that any constitutionally recognized "liberty" interest was contravened by a Georgia State law penalizing homosexual sodomy. Bowers was a "conduct" case seeking, in effect, due process protection from state prosecution for homosexual acts rather than safeguards against discrimination by the state based on sexual "orientation." The comprehensive nature of the legal disability visited upon the "isolated group" disadvantaged by Amendment 2, and the "unique" circumstances of its enactment, may also serve to distinguish and diminish the force of Romer in other legal and statutory contexts. The possible fragility of the Bowers precedent, and Romer's silence as to its status, could lead to future litigation on a variety of fronts.

Keywords

Gay rights


Book
Global Gay. La longue marche des homosexuels : La longue marche des homosexuels
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ISBN: 2081466694 Year: 2017 Publisher: Paris ( ) : Flammarion,

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Les homosexuels peuvent se marier à Johannesburg et à Mexico, mais pas à Berlin ni à Rome. En Iran, ils risquent la pendaison alors que les transsexuels se font opérer légalement. En Chine, ils sont des millions à fréquenter les réseaux sociaux gays, mais les militants sont harcelés. Dans huit pays les homosexuels risquent la peine de mort?; dans soixante-seize, la prison.Pourtant, sur tous les continents, la révolution gay est en marche. Un jour l'homosexualité sera peut-être moins pénalisée que l'homophobie.La mondialisation de la question homosexuelle est un phénomène majeur. Pendant huit ans, dans cinquante pays, Frédéric Martel a mené une enquête de grande ampleur et rencontré sur le terrain des centaines d'acteurs de cette révolution. À travers le prisme gay, il analyse la mutation des modes de vie, la redéfinition du mariage, l'émancipation parallèle des femmes et des gays, les effets décisifs de la culture et d'Internet. Fil rouge de l'évolution des mentalités, la question gay et lesbienne est un critère pertinent pour juger de l'état d'une démocratie et de la modernité d'un pays. Ce livre, à la fois inquiet et optimiste, riche en portraits inattendus, raconte la nouvelle bataille des droits de l'homme.Nouvelle édition entièrement mise à jour.

Keywords

Gay rights.


Book
Homosexuality and the federal constitution : a legal analysis of the U.S. Supreme Court ruling in Romer v. Evans
Author:
Year: 1996 Publisher: Washington, District of Columbia : Library of Congress, Congressional Research Service,

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Abstract

The U.S. Supreme Court this term in Romer v. Evans , decided 6 to 3 that the State of Colorado violated the right of lesbians and homosexuals to Equal Protection of the Laws when it adopted, by voter referendum, Amendment 2 to the State Constitution. That amendment rescinded various state and local laws prohibiting discrimination on the basis of "homosexual, lesbian or bisexual orientation" and barred the statutory enactment of any such civil rights protection in the future. Justice Kennedy's majority opinion affirmed the judgment but not the rationale of the Colorado Supreme Court which had applied "strict scrutiny" to invalidate Amendment 2 based on a "fundamental rights" analysis. Instead, the Kennedy-led majority applied a "rationality" standard to hold that the "broad and undifferentiated disability of a single named group" was irrational and could not be justified by any legitimate state interest. Bowers v. Hardwick was not mentioned by the Romer majority. In Bowers , a decade earlier the Court refused, by a 5 to 4 vote, to find that any constitutionally recognized "liberty" interest was contravened by a Georgia State law penalizing homosexual sodomy. Bowers was a "conduct" case seeking, in effect, due process protection from state prosecution for homosexual acts rather than safeguards against discrimination by the state based on sexual "orientation." The comprehensive nature of the legal disability visited upon the "isolated group" disadvantaged by Amendment 2, and the "unique" circumstances of its enactment, may also serve to distinguish and diminish the force of Romer in other legal and statutory contexts. The possible fragility of the Bowers precedent, and Romer's silence as to its status, could lead to future litigation on a variety of fronts.

Keywords

Gay rights


Book
Homosexuality and the federal constitution : a legal analysis of the U.S. Supreme Court ruling in Romer v. Evans
Author:
Year: 1996 Publisher: Washington, District of Columbia : Library of Congress, Congressional Research Service,

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Abstract

The U.S. Supreme Court this term in Romer v. Evans , decided 6 to 3 that the State of Colorado violated the right of lesbians and homosexuals to Equal Protection of the Laws when it adopted, by voter referendum, Amendment 2 to the State Constitution. That amendment rescinded various state and local laws prohibiting discrimination on the basis of "homosexual, lesbian or bisexual orientation" and barred the statutory enactment of any such civil rights protection in the future. Justice Kennedy's majority opinion affirmed the judgment but not the rationale of the Colorado Supreme Court which had applied "strict scrutiny" to invalidate Amendment 2 based on a "fundamental rights" analysis. Instead, the Kennedy-led majority applied a "rationality" standard to hold that the "broad and undifferentiated disability of a single named group" was irrational and could not be justified by any legitimate state interest. Bowers v. Hardwick was not mentioned by the Romer majority. In Bowers , a decade earlier the Court refused, by a 5 to 4 vote, to find that any constitutionally recognized "liberty" interest was contravened by a Georgia State law penalizing homosexual sodomy. Bowers was a "conduct" case seeking, in effect, due process protection from state prosecution for homosexual acts rather than safeguards against discrimination by the state based on sexual "orientation." The comprehensive nature of the legal disability visited upon the "isolated group" disadvantaged by Amendment 2, and the "unique" circumstances of its enactment, may also serve to distinguish and diminish the force of Romer in other legal and statutory contexts. The possible fragility of the Bowers precedent, and Romer's silence as to its status, could lead to future litigation on a variety of fronts.

Keywords

Gay rights


Book
Queer lawfare in Africa : legal strategies in contexts of LGBTIQ+ criminalisation and politicisation
Author:
Year: 2022 Publisher: Pretoria : Pretoria University Law Press (PULP),

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"This book focuses on the strategies that activists for LGBTIQ+ equality in Africa deploy to challenge deep seated homophobia and transphobia, as well as the politicisation of LGBTIQ+ issues. It is a peer-reviewed, edited volume with scholarly contributions from lawyers, anthropologists, and LGBTIQ+ activists. It covers different country situations - those where equality is taking root, as the case is in South Africa, Botswana and Mozambique; those where homophobia reigns and LGBTIQ+ rights are politicised such as, Ghana, Kenya, Malawi, Nigeria, Senegal, Uganda, and Zambia; and those where traditional LGBTIQ+ activism is almost a nonstarter, such as in Ethiopia, Sudan and The Gambia."

Keywords

Homosexuality --- Gay rights


Book
Queer lawfare in Africa : legal strategies in contexts of LGBTIQ+ criminalisation and politicisation
Author:
Year: 2022 Publisher: Pretoria : Pretoria University Law Press (PULP),

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"This book focuses on the strategies that activists for LGBTIQ+ equality in Africa deploy to challenge deep seated homophobia and transphobia, as well as the politicisation of LGBTIQ+ issues. It is a peer-reviewed, edited volume with scholarly contributions from lawyers, anthropologists, and LGBTIQ+ activists. It covers different country situations - those where equality is taking root, as the case is in South Africa, Botswana and Mozambique; those where homophobia reigns and LGBTIQ+ rights are politicised such as, Ghana, Kenya, Malawi, Nigeria, Senegal, Uganda, and Zambia; and those where traditional LGBTIQ+ activism is almost a nonstarter, such as in Ethiopia, Sudan and The Gambia."

Keywords

Homosexuality --- Gay rights

Anti-gay rights : assessing voter initiatives
Authors: ---
ISBN: 0275954617 Year: 1997 Publisher: Westport (Conn.): Praeger

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Keywords

Gay rights --- Referendum


Book
Queer lawfare in Africa : legal strategies in contexts of LGBTIQ+ criminalisation and politicisation
Author:
Year: 2022 Publisher: Pretoria : Pretoria University Law Press (PULP),

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Abstract

"This book focuses on the strategies that activists for LGBTIQ+ equality in Africa deploy to challenge deep seated homophobia and transphobia, as well as the politicisation of LGBTIQ+ issues. It is a peer-reviewed, edited volume with scholarly contributions from lawyers, anthropologists, and LGBTIQ+ activists. It covers different country situations - those where equality is taking root, as the case is in South Africa, Botswana and Mozambique; those where homophobia reigns and LGBTIQ+ rights are politicised such as, Ghana, Kenya, Malawi, Nigeria, Senegal, Uganda, and Zambia; and those where traditional LGBTIQ+ activism is almost a nonstarter, such as in Ethiopia, Sudan and The Gambia."

Keywords

Homosexuality --- Gay rights

Laboring for rights : unions and sexual diversity across nations
Author:
ISBN: 1566397189 Year: 1999 Publisher: Philadelphia Temple University Press

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Book
The gays' and lesbians' rights in an enlarged European Union
Authors: ---
Year: 2006 Publisher: Bruxelles : Editions de l'Université de Bruxelles,

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Abstract

During the last few years, gay and lesbian rights have reached the European Union human rights agenda and different instruments to combat discrimination have been adopted, which have had major implications for the gay and lesbian communities all over Europe. This volume focuses on less known and less studied aspects of these accomplishments.

Keywords

Gay rights --- Homosexuality --- History.

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