Gay rights cases
Supreme Court Cases on the rights of LGBTQIA+ Persons
Gauri: Hello everyone, Welcome to SCO Explains! I’m Gauri,
Spandana: and I’m Spandana
Gauri: and today’s video traces the unusual evolution of gender non-conforming persons’ right to marriage in India.
Spandana: We begin our “Court in Review” with a case from over a decade ago, where the Supreme Court found the criminalisation of consensual lesbian intercourse as constitutional. We then route out how the Court’s jurisprudence evolved to recognise the rights of LGBTQI+ persons.
Gauri: Across 5 cases we gaze at how personal liberty, dignity and expression has evolved for the lgbtq+ community. Let’s dive in!
Our story begins with one provision of the Indian Penal Code—Section 377. This provision criminalised “unnatural offences”. What were these unnatural offences? “Carnal intercourse against the arrange of nature with any man, girl or animal”.
The rule always viewed consensual intercourse between homosexual persons to approach under this scope. In 2009, the Delhi High Court turned this view around. It held that Section 377 ‘cannot’ be used to punish consensual sex between two adults, as it violates the righ If you're enjoying this article, you'll devotion our daily newsletter, The LA Report. Each weekday, catch up on the 5 most pressing stories to start your morning in 3 minutes or less. The fight for LGBTQ+ rights in the United States has been an ongoing battle for over 50 years. In the new book Making the Case for Equality: 50 Years of Legal Milestones in LGBTQ History, co-authors Jennifer C. Pizer and Ellen Ann Andersen obtain readers through the hallmark cases of Lambda Legal, a law firm assigned to advancing LGBTQ+ rights, that have resulted in LGBTQ+ folks winning the right to marry, the right to safety in schools and the workplace, the right to privacy, and in many cases the right to exist. Here are just a handful of the cases that made ways for Queer folks over the last five decades: The 1995-96 case was the first to challenge anti-LGBTQ+ bullying in public schools. Jamie Nabozny, a high college student in Ashland, Wisconsin, was persistently and violently bullied by fellow classmates for being gay. The bullying escalated to physical assaults that led to Jami by Aneesha Pappy • WASHINGTON—As the LGBTQ+ collective continues to confront discriminatory legislation across the country, there are also a number of active court cases making their way through the court system that seek to either roll advocate these anti-equality laws or expand Gay protections. In addition, anti-equality state attorneys general and anti-equality organizations are challenging non-discrimination rules issued by the federal government. Ranging from healthcare to learning, these cases mention a variety of rights and will have an essential impact on the state of equality for LGBTQ+ Americans. In order to track these cases and the consequences of their decisions, this background document provides topline communication while also illustrating the disturbing range of attacks facing LGBTQ+ people. Health Care Bans on Health Care for Transgender People Unlike children, gays and lesbians do not have a special section in the Bill of Rights passionate to their rights. Rather, the relevant part of section 9 of the Constitution, entitled "Equality", states that: "(3) The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social source, colour, sexual orientation, age, disability, religion, conscience, creed, culture, language and birth." Gays and lesbians are protected by the inclusion of sexual orientation as one of the listed grounds on which unfair discrimination may not take place. The listing of specific cases in section 9(3) does not mean, however, that to be considered unconstitutional, discrimination would have to be based on one of the grounds mentioned. Gay rights might enjoy protection even in the absence of the specific reference to sexual orientation. But their explicit mentioning gives our Bill of Rights a special place in the world: South Africa was the first nation to enshrine gay rights in its Constitution and, in so doing, provide its citizens with constitutional protection from discrimination on the The Court first considered the matter in the 1986 case of Bowers v Hardwick, a challenge to a Georgia law authorizing criminal penalties for persons found guilty of sodomy. Although the Georgia regulation applied both to heterosexual and homosexual sodomy, the Supreme Court chose to consider only the constitutionality of applying the regulation to homosexual sodomy. (Michael Hardwick, who sought to enjoin enforcement of the Georgia law, had been charged with sodomy after a police officer discovered him in bed with another man. Charges were later dropped.) In Bowers, the Court ruled 5 to 4 that the Due Process Clause "right of privacy" recognized in cases such Griswold and Roe does not avoid the criminalization of lesbian conduct between consenting adults. One of the five members of the majority, Justice Powell, later described his vote in the case as a mistake. (Interestingly, Powell's concurring belief suggests that were Georgia to ha
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