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Constitutional Courts, Gay Rights and Sexual Orientation Equality by Angioletta Sperti

Constitutional Courts, Gay Rights and Sexual Orientation Equality

by Angioletta Sperti
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Book cover type: Paperback
  • ISBN13: 9781509932115
  • Binding: Paperback
  • Subject: N/A
  • Publisher: Hart Publishing
  • Publisher Imprint: Hart Publishing
  • Publication Date:
  • Pages: 256
  • Original Price: GBP 39.99
  • Language: English
  • Edition: N/A
  • Item Weight: 354 grams
  • BISAC Subject(s): Constitutional and Comparative

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.

Sperti, Angioletta: - Angioletta Sperti is Associate Professor of Comparative Public Law at the University of Pisa where she teaches comparative constitutional law and human rights law. Her main research interests include constitutional justice, comparative legal systems, LGBT rights. She has also conducted extensive research on presidential accountability and impeachment in the Italian system of government. She holds an Ll.M from UCLA (USA) and a PhD from Scuola Superiore S. Anna (Italy). She is the author of three monographs (in Italian) on Italian constitutional court (Corti supreme e conflitti tra poteri, 2003) the presidential accountability (La responsibilitÁ del Presidente della Repubblica, 2010) and the dialogue among constitutional courts on LGBT rights (OmosessualitÁ e diritti, 2013). She regularly contributes to articolo29.it, a legal website focusing on the advancement of LGBT rights in Italy and is a member of the editorial board of GenIUS, an Italian law review on gender and sexual orientation equality.

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