Article

Immodest Claims and Modest Contributions: Sexual Orientation in Comparative Constitutional Law

Kenji Yoshino and Michael Kavey

in The Oxford Handbook of Comparative Constitutional Law

Published in print May 2012 | ISBN: 9780199578610
Published online November 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199578610.013.0054

Series: Oxford Handbooks in Law

Immodest Claims and Modest Contributions: Sexual Orientation in Comparative Constitutional Law

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This article contends that the modest contributions of comparative law acquire enhanced force when the claims made by constitutional interpreters are themselves immodest. In the context of sexual orientation, constitutional arguments often assume a categorical, ‘always/everywhere’ tenor that exposes them to contestation on comparative grounds. It develops this claim by focusing on three issues: bans on lesbian, gay, and bisexual individuals from military service; the criminalization of same-sex sexual conduct; and relationship recognition for same-sex couples. The analysis uses US constitutional law as the primary point of departure.

Keywords: comparative law; sexual orientation; gays; military service; same-sex couples; United States constitutional law

Article.  11842 words. 

Subjects: Law ; Comparative Law ; Constitutional and Administrative Law

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