The role of human dignity in gay rights adjudication and legislation: a comparative perspective

Finck, M. (2016). The role of human dignity in gay rights adjudication and legislation: a comparative perspective. International Journal of Constitutional Law, 14(1), 26-53. https://doi.org/10.1093/icon/mow009
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The concept of human dignity is encountered with increased frequency in the context of gay rights and in particular marriage equality. Throughout legal orders, human dignity has emerged as a justificatory tool for bringing about gay rights—either through adjudication or legislation—and this in the absence of a fixed content of dignity in juridical application in most domestic legal orders. I attempt to understand this intriguing phenomenon by examining it in comparative perspective.

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