Sexual Orientation and Gender Identity Discrimination
2(2) Comparative Discrimination Law 1-52 (2018)
59 Pages Posted: 26 Jun 2018 Last revised: 2 Jul 2021
Date Written: June 16, 2018
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
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