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Judicial Impediments To Legislating Equality For Same-Sex Couples In The European Union, Bruce Carolan
Judicial Impediments To Legislating Equality For Same-Sex Couples In The European Union, Bruce Carolan
Articles
In the United States, the state and federal courts often has been the first port of call for activists hoping to advance the cause of same-sex couples. State courts, in particular, have ruled on occasion that guarantees of equal rights or due process contained in state constitutions require recognition of same-sex marriage or civil unions. These court decisions, in turn, have sparked a legislative backlash. Legislators and voters have rejected these court decisions by amending state constitutions to limit the rights of same-sex couples. The European Union represents, in some ways, the mirror image of the United States experience. The …
A Legal Remedy For Homophobia: Finding A Cure In The International Right To Health, Michael Boucai
A Legal Remedy For Homophobia: Finding A Cure In The International Right To Health, Michael Boucai
Journal Articles
This article argues that the international right to health obligates governments to combat homophobia. Part One presents the powerful evidence that stigma, prejudice, and violence directed toward lesbian and gay people drastically endanger their physical and mental well-being. Part Two defends an expansive interpretation of the international right to health. Applying this interpretation, Part Three proposes that gay men and lesbians are entitled to demand that their governments to eliminate all public and much private discrimination against gay men and lesbians, and requires them to combat homophobia through education and other positive efforts. Acknowledging that this obligation is unlikely to …