Court Decisions on LGBT Rights Echo ‘A Wild Wish’

JURIST Guest Columnist Graeme Reid of Human Rights Watch discusses global progress in LGBT rights.

Graeme Reid, Court Decisions on LGBT Rights Echo ‘A Wild Wish’, JURIST – Academic Commentary, Jan. 15, 2019,

More than two centuries ago Mary Wollstonecraft laid the foundations for feminist thought with a simple premise: lack of equal opportunity diminished individual self-worth and hobbled social progress. In A Vindication of the Rights of Woman (1792), Wollstonecraft made a “wild wish” for equality between the sexes. When women are treated as less than equal in law and society, she argued, it affects not only the practicalities of everyday life, but encroaches on autonomy, dignity and agency.

Her arguments apply today to people marginalized by prevailing social norms, including those who do not conform to sexual and gender stereotypes. It is these same issues – autonomy, dignity, equality and agency – that were addressed in 2018 in three landmark court judgments in India, Trinidad and Tobago, and Guyana.

These decisions – each one striking down discriminatory laws – herald new legal dispensations and life possibilities for lesbian, gay, bisexual and transgender people in these countries. But the judgments go much further than striking down archaic and discriminatory laws. They trace ignoble colonial histories, highlight the negative impact on individuals and society, and seek avenues for redress. In doing so they draw on and develop jurisprudence from countries in the global South, each grappling with the legacy of colonialism. Read more via Jurist