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

Oxford Scholarship Online: Law Available online

View online
Format:
Book
Author/Creator:
Abeyratne, Rehan, author.
Series:
Oxford comparative constitutionalism.
Oxford scholarship online.
Oxford comparative constitutionalism
Oxford scholarship online
Language:
English
Subjects (All):
Sexual minorities--Legal status, laws, etc--China--Hong Kong.
Sexual minorities.
Sexual minorities--Legal status, laws, etc--India.
Sexual minorities--Legal status, laws, etc--United States.
Sexual rights--China--Hong Kong.
Sexual rights.
Sexual rights--India.
Sexual rights--United States.
Comparative law.
Physical Description:
1 online resource.
Place of Publication:
Oxford : Oxford University Press, [2025]
Summary:
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.
Contents:
Introduction
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
Introduction
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.
Notes:
Includes bibliographical references and index.
Description based on online resource and publisher information; title from PDF title page (viewed on March 5, 2025).
ISBN:
0-19-199504-5
0-19-888828-7
OCLC:
1504387824

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