Sexual Orientation and Gender Identity Discrimination

2(2) Comparative Discrimination Law 1-52 (2018)

UNC Legal Studies Research Paper

59 Pages Posted: 26 Jun 2018 Last revised: 18 Nov 2018

See all articles by Holning Lau

Holning Lau

University of North Carolina School of Law

Date Written: June 16, 2018

Abstract

Laws concerning sexual orientation and gender identity (SOGI) have undergone a sea change. Still, legal protections against SOGI discrimination vary widely around the world. As jurisdictions wrestle with whether and how to protect people against SOGI discrimination, several conceptual questions emerge. This Brill volume reviews and discusses legal developments and scholarly commentary concerning these questions. Specifically, this volume examines the following five questions: (1) Is SOGI discrimination encompassed by existing laws prohibiting discrimination based on sex? (2) Should sexual orientation and gender identity be considered protected categories in and of themselves? (3) Is there a standard sequence of steps for developing legal protections against SOGI discrimination? (4) What are the drawbacks of developing SOGI discrimination protections? (5) To what extent should religious objections justify exemptions from SOGI discrimination bans?

Note: The Version of Record of this manuscript has been published and is freely available in 2(2) Comparative Discrimination Law 1-52 (2018).

Keywords: discrimination, equality, comparative, sexual orientation, gender identity, LGBT, LGBTI, SOGI, SOGISC, Toonen, Obergefell, Fourie

Suggested Citation

Lau, Holning, Sexual Orientation and Gender Identity Discrimination (June 16, 2018). 2(2) Comparative Discrimination Law 1-52 (2018); UNC Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=3200813

Holning Lau (Contact Author)

University of North Carolina School of Law ( email )

Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States
919-962-8514 (Phone)

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