LGBTQ rights

We’ll protect you, Brazil’s supreme court tells gays; we won’t, say Kenya’s judges

Kenya’s high court has dealt a serious blow to that country’s gay community, by ruling that penal code provisions punishing “gay sex” are constitutionally valid. But judges in other parts of the world are meanwhile playing a far more pro-active role in protecting gay people who come under attack merely because of their sexual orientation. The latest court to offer protection to gays and transgender people is Brazil’s Supreme Court.


Read the judgment on KenyaLaw

The judgment of the constitutional and human rights division of Kenya’s high court must have been a great disappointment to the gay community there. In the decision, the three judges give no sense that they understand the very real dangers that this community experiences, with the bench merely observing that no evidence of any such danger, threats or discrimination had been provided to the court.

Top judges of world’s largest democracy strike down anti-gay sex law

INDIA’S highest court has struck down the country’s anti-gay sex law as unconstitutional. The decision, widely welcomed as conforming to a modern understanding of constitutionality and rights, was the result of India’s highest court, the supreme court, reconsidering the validity of Section 377 of the Indian Penal Code. The judgment, likely to be hugely influential worldwide, followed a 2013 decision of the same court when two judges upheld the Code. Earlier this year, however, the supreme court decided to revisit the issue, but with a larger bench.

FIVE judges of India’s supreme court, including the chief justice, heard the challenge to Section 377 of the Indian Penal Code in July this year, and since then their decision has been eagerly anticipated.

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