Indian law students are reporting for JURIST on law-related developments in and affecting India. This dispatch is from Nakul Rai Khurana, a law student at Jindal Global Law School. Last Monday India’s Supreme Court announced that a five-judge bench will preside over a batch of matters concerning the constitutionality of same-sex marriages in the country, [...]
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Federal judges call for 'crackdown' on protesting law students amid free speech debate
In a Wednesday article for the National Review, US Fifth Circuit Judge James Ho and US Eleventh Circuit Judge Elizabeth Branch called for law schools to “crackdown” on punishments for law student protestors. Ho and Branch argued that universities that allow their students to “disrupt without consequences” promote intolerance. While many universities have policies in [...]
India Supreme Court orders special constitutional panel to consider same-sex marriage laws
The Supreme Court of India on Monday ordered a special constitutional panel of five judges to consider a series of petitions related to same-sex marriage. The 15 petitions at issue were filed by same-sex couples and LGBTQ+ activists between 2020 and 2022. Collectively, they aim to change provisions in the secular Special Marriage Act (SMA) [...]
The Indian government Sunday asserted in a filing to the Indian Supreme Court that it opposes recognising same-sex marriages and pushed the court to disregard pushback from LGBTQ couples on the current legislation. Parts of the filing were leaked but the full filing was not made available to the public. However, in the filing, the government [...]
The so-called Anti-Homosexuality Bill, introduced to Uganda’s parliament on Thursday, seeks to ban all forms of homosexual relations, as well as vaguely described “related matters.” Under the legislation, introduced by Member of Parliament Asuman Basalirwa, individuals convicted of the “offense of homosexuality” would face 10 years in prison. Notably, this offense includes not only sexual [...]
The US Court of Appeals for the Fourth Circuit Tuesday heard oral arguments on whether the West Virginia Medicaid Program’s denial of gender-affirming surgery for individuals with gender dysphoria violates the Affordable Care Act, Medicaid Act and Equal Protection Clause under the US Constitution’s Fourteenth Amendment. Caleb David, attorney for the state defendants, argued that [...]
Aynsley Genga is a JURIST Staff Correspondent in Kenya. The Supreme Court of Kenya ruled last Friday that denying LGBTQ individuals the right to associate in a registered NGO to advance their collective interest was discriminatory. This came after a 10-year battle that began back in 2013 when the lower court originally denied potential members [...]
Eight Republicans in the Iowa House of Representatives Tuesday introduced a bill that would ban amend the state constitution and ban same-sex marriage in the state. The amendment would stipulate that “In accordance with the laws of nature and nature’s God, the state of Iowa recognizes the definition of marriage to be the solemnized union [...]
Kenya Supreme Court declares discrimination of persons based on sexual orientation unconstitutional
The Supreme Court of Kenya Friday declared discrimination against the LGBTQ community unconstitutional and affirmed their right to association after a 10-year legal battle. In a 3-2 majority decision, the court ruled that article 27 of Kenya’s Constitution—which protects every person from discrimination with an open-ended list of grounds—protects sexual minorities as well. The court said: [...]
The UN Subcommittee on Prevention of Torture (SPT) Monday canceled its visit to Australia after it was denied access to detention centers and mental health facilities. In October 2022, SPT visited Australia for 12 days, but was forced to suspend the visit after they were prevented from visiting multiple facilities. Specifically, SPT cited issues with [...]