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Courts and LGBTQ+ rights in an age of judicial retrenchment /

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A comparative study of the United States, India, and Hong Kong, this book explores how courts often use LGBTQ+ rights to demonstrate their rhetorical commitment to liberal and global constitutionalism, even as their judgments fall short of, or even undermine, those ideals.

Bibliographic Details
Main Author: Abeyratne, Rehan (Author)
Format: eBook
Language:English
Published: Oxford, United Kingdom ; New York, NY : Oxford University Press, [2025]
Series:Oxford comparative constitutionalism.
Subjects:
Sexual minorities > Legal status, laws, etc. > China > Hong Kong.
Sexual minorities > Legal status, laws, etc. > India.
Sexual minorities > Legal status, laws, etc. > United States.
Appellate courts.
Sexual rights > China > Hong Kong.
Sexual rights > India.
Sexual rights > United States.
Comparative law.
Droits sexuels > Inde.
Droits sexuels > États-Unis.
Droit comparé.
Droits sexuels > Chine > Hongkong.
Cours d'appel.
Civil Rights.
LAW.
Comparative.
LGBTQ+ people
LGBTQ+ civil rights.
Laws of specific jurisdictions & specific areas of law.
Law.
Electronic books.
Online Access:Connect to the full text of this electronic book
Table of Contents:
  • Setting the Scene
  • Structure of the Book
  • Theoretical Framework and Methodology
  • Background
  • Scholarly Contribution
  • Case Selection and Methodology
  • Scope and Limitations
  • LGBTQ+ Rights, Culture Wars, and Polarization in the United States
  • The Gradual Recognition of LGBTQ+ Rights (1986-2015)
  • LGBTQ+ Rights in the Context of Two Culture Wars
  • Polarization, Trump, and the Makings of Partisan Supreme Court
  • LGBTQ+ Rights in the Second Roberts Court (2018-23)
  • Conclusion: Institutional Self-Preservation v. Partisan Decision-Making
  • LGBTQ+ Rights Amid Institutional Crises and Rising Ethnonationalism in India
  • LGBTQ+ Rights in an Era of Transition (2001-14)
  • The Shift in Indian Constitutionalism under Modi (2014-19)
  • Privacy and the Decriminalization of Same-Sex Relations
  • An Institution in Crisis and a Shift on LGBTQ+ Rights (2019-23)
  • Conclusion: Institutional and Reputational Self-Preservation
  • LGBTQ+ Rights, Economic Freedom, and the Remaining Fragments of Liberal Constitutionalism in Hong Kong
  • Constitutional Adjudication under "One Country, Two Systems" (1997-2019)
  • Developing a Progressive LGBTQ+ Rights Jurisprudence (2006-19)
  • From Hybrid to Authoritarian (2019-21)
  • LGBTQ+ Rights in Authoritarian Hong Kong
  • Conclusion: An Uneasy Truce
  • The Exceptionalism of LGBTQ+ Rights
  • From Progressive to Self-Preserving
  • The Changing Audiences for LGBTQ+ Rights Judgments
  • Pinkwashing or Necessary Adaptation?
  • The Future of LGBTQ+ Rights and Liberal Constitutionalism.