DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY, VISAKHAPATNAM

Project in Human Rights

Are LGBT rights Human Rights

Sachin Patel
Roll Code-
Xth semester
 Contents
Abbreviation

Certificate

Acknowledgment

Research Methodology

Chapterisation

1. Introduction
2. Recent Developments at the United Nations
3. What are LGBT rights?
4. The top LGBT Issues
5. LGBT rights in India
6. Conclusion

Bibliography

1
Abbreviation

LGBT- Lesbian, Gay, Bisexual & Transgender

UN- United Nation

UDHR- Universal Declaration of Human Rights

WHO- World Health Organisation

UNDP- United Nation Development Programme

UNAIDS- United Nations Programme on HIV and AIDS

UNHCR- United Nations High Commissioner for Refugees

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Certificate

The project entitled Are LGBT rights Human Rights "submitted to the Damodaram Sanjivayya
National Law University, Vizag For Human Rights project as part of internal assessment is my
original work carried out under the guidance of Bhushra Quasmi . The research work has not
been submitted elsewhere for award of any publication or degree. The material borrowed from
other sources and incorporated in the work has been duly acknowledged.

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Acknowledgment

It gives me incredible pleasure to present my project of Human Right as Are LGBT rights
Human Rights? I would like to enlighten my readers regarding this topic and I hope I have tried
my best to pave the way for bringing more luminosity to this topic.

I am grateful to my Sports Law faculty Bhushra Quasmi Mam sir has given me the idea and
encouraged me to venture this project. I would like to thank librarian of DSNLU for his interest
in providing me a study materials.

And finally I would like to thank my parents for the financial support

Research Methodology

This project is totally a doctrinal research methodology i.e. material is taken from many sources
like books, journal and another means of sources. Many cases are collected from the online
journal and the judgments are from the sites of any concerning courts.

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 1. INTRODUCTION

With the increased global media attention on violent acts of persecution inflicted on Lesbian,
Gay, Bisexual & Transgender (LGBT) persons, a crucial question before the world community
today is whether gay rights are included under our basic human rights. At the United Nations,
this question is slowly taking center stage, but it is not at all clear what the U.N. deliberations
will yield from the linkage between gay rights and human rights. Foundational U.N. documents
appear to provide guidance.

For example, the Charter of the United Nations (1945)1 encourages "respect for human rights
and for fundamental freedoms for all without distinction in Chapter I, Article 1. Similarly, the
Universal Declaration of Human Rights (UDHR) (1945)2 states in Article 2: "Everyone is
entitled to all the rights and freedoms set forth in this Declaration, without distinction of any
kind." Regardless, among a substantial percentage of Member States that have sworn to protect
the human rights of their citizens, same sex relations remain illegal.

"Speak Up, Stop Discrimination."3 The event honored human rights defenders those
courageous women and men who strive to make human rights a reality for everyone,
everywhere. In this speech, Mr. Ban called for individuals to stand up for the rights of all and
specifically referred to defending the rights of people jailed for their sexual orientation. This
statement clearly identified his advocacy for the issue of gay rights in the context of human
rights, and in so doing, placed this issue on the agenda of the United Nations.

1
United Nations. (1945). Charter of the United Nations. New York, NY: UN Department of Public Information.
Retrieved from www.un.org/en/documents/charter/ index.shtml
2
United Nations. (1948). Universal Declaration of Human Rights. New York, NY: UN Department of Public
Information. Retrieved from www.un.org/en/documents/udhr
3
Marking the occasion of Human Rights Day on December 9, 2010, U.N. Secretary-General Ban Ki moon spoke at
the Ford Foundation event in New York City; United Nations. (2010). Secretary-General SG/SM/133309 HR/5042
OBV/951. Retrieved from www.un.org/News/Press/docs/2010/sgsm13309.doc.htm

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RECENT DEVELOPMENTS AT THE UNITED NATIONS

In a Human Rights Day address to the United Nations in Geneva, Switzerland on Dec. 6, 2011,
the United States Secretary of State, Hillary Clinton, stated that one of the remaining human
rights challenges before the world today is guaranteeing the equality and dignity of members of
the LGBT community.4 She spoke of this "invisible minority," whose human rights were in
jeopardy throughout the world, and in this way, she called for greater protection of LGBT
persons. She asserted that gay rights and human rights are not distinct, as some have argued, and
referred to the Universal Declaration of Human Rights as a foundational U.N. document
guaranteeing gay rights as human rights. She outlined how violence against the LGBT
community in any form is a violation of human rights, including the withholding of life-saving
care or the denial of access to equal justice. Finally, Ms. Clinton argued that, despite the due
respect for cultural and religious traditions, these traditions do not trump human rights and
therefore should not serve as a pretext for denying fundamental rights to citizens based on sexual
orientation or gender identity.

A few days later, Mr. Ban offered his own Human Rights Day message at U.N. Headquarters in
New York City, focusing on homophobic bullying.5 On Dec. 8, 2011; he identified homophobic
bullying as a form of violence endangering the human rights of LGBT persons and encouraged
Member Nations to protect their citizens from discrimination based on sexual orientation. Mr.
Ban articulated the profound psychological suffering that ensues from bullying, including
depression and suicide. He also underscored the responsibility of local communities including
individual citizens, community leaders, teachers, religious and public figures to share in the
challenge of ending violence against LGBT persons and protecting their own neighbors from
persecution.

4
United Nations. (2011). Secretary-General SG/SM/14008 HR/5080. Retrieved from www.un.org/News/Press/
docs/2011/sgsm14008.doc.htm
5
Ibid.

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2.1 The United Nations, April 2011

In April 2011, the U.N. Office for the High Commissioner for Human Rights (OHCHR), the
U.N. Development Programme (UNDP), the Joint U.N. Programme on HIV/AIDS (UNAIDS),
and the World Health Organization (WHO) collaboratively published a brochure titled "The
United Nations Speaks Out: Tackling Discrimination on Grounds of Sexual Orientation and
Gender Identity." This brochure cites statements that have been made by U.N. senior officials
and human rights experts regarding LGBT rights including statements from the U.N.
Secretary General and the U.N. High Commissioner on Human Rights. The quote from Mr. Ban
followed his 2010 Human Rights Day speech and avers: "But let there be no confusion: where
there is tension between cultural attitudes and universal human rights, rights must carry the
day."6 The U.N. High Commissioner, Navi Pillay, was quoted on February 2011: "Laws
criminalizing homosexuality pose a serious threat to the fundamental rights of lesbian, gay,
bisexual and transgender individuals."6 These statements strongly and clearly advocate in favor
of human rights protections for LGBT individuals. By jointly issuing this brochure, OHCHR,
UNDP, UNAIDS, and WHO showed that the United Nations partners speak together on this
matter.

2.2 UNHCR report, December 2011

On December 15, 2011 OHCHR released its first report on the human rights of LGBT persons.7
This report details the worldwide manifestations of discrimination based on sexual orientation,
noting that violence against LGBT persons has a history of hate-motivated violence, such as
discrimination in work, health care, education, detention and torture. The publication of this
report followed two historic developments of the Human Rights Council. First, 85 countries
signed on to a statement calling for the decriminalization of homosexuality in March 2011.
Subsequently, a resolution initiated by South Africa was passed in June 2011 and became the
first U.N. resolution calling for support of gay rights.

6
United Nations. (2011). The United Nations Speaks Out: Tackling Discrimination on Grounds of Sexual
Orientation and Gender Identity. [Brochure]. Retrieved from
www.ohchr.org/EN/Issues/Discrimination/Pages/LGBTBrochure.aspx
7
United Nations Office for the High Commissioner for Human Rights (OHCHR). (2011). Discriminatory laws and
practices and acts of violence against individuals based on their sexual orientation. Geneva, Switzerland: United
Nations. Retrieved from www2.ohchr.org/english/bodies/hrcouncil/docs/19session/A.HRC.19.41_English.pdf

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Concurrent with the OHCHR report, Navi Pillay of South Africa, the U.N. High Commissioner
for Human Rights, appealed to U.N. Member States to decriminalize homosexuality and enact
comprehensive anti-discrimination laws. The OHCHR report documents that same-sex
relationships are illegal in 76 countries and the death penalty may be invoked as punishment in at
least 5 countries. The report carefully links anti-homosexuality laws with the legitimacy of
violence against nations citizens based on sexual orientation and gender identity. When persons
are formally and legally devalued, it follows that designating their status as second rate may lead
to "acceptable" persecution. The OHCHR report encourages nations to institute public
information campaigns to educate citizens about ensuring the rights of LGBT persons.
Additionally, those sworn to protect individual rights, such as police and law enforcement
officers and public officials, should receive appropriate training in this subject. The report
emphasizes the shared community responsibility in combating homophobia and transphobia, and
to that end, calls on nations to:

1. repeal laws that criminalize homosexuality,

2. abolish the death penalty for offenses involving consensual sexual relations,
3. enact comprehensive anti-discrimination laws,
4. standardize the age of consent for homosexual and heterosexual conduct,
5. investigate all killings or serious violence against sexual orientation or gender identity,
6. Ensure that asylum laws recognize sexual orientation and gender identity as a basis for
claiming persecution and enable LGBT persons fleeing persecution to avoid returning to
countries or territories where their freedom is threatened.

2.3 Human Rights Council, March 2012

The OHCHR report was released in anticipation of a Human Rights Council meeting scheduled
for March 2012. Ban Ki-moon opened the Council meeting by stating: The High Commissioner's
report documents disturbing abuses in all regions. We see a pattern of violence and
discrimination directed at people just because they are gay, lesbian, bisexual or transgender.
There is widespread bias at jobs, schools and hospitals, and appalling violent attacks, including
sexual assault. People have been imprisoned, tortured, even killed. This is a monumental tragedy
for those affected and a stain on our collective conscience. It is also a violation of
international law. You, as members of the Human Rights Council, must respond.

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To those who are lesbian, gay, bisexual or transgender, let me say: You are not alone. Your
struggle for an end to violence and discrimination is a shared struggle. Any attack on you is an
attack on the universal values of the United Nations I have sworn to defend and uphold. Today, I
stand with you, and I call upon all countries and people to stand with you, too.8

The United Nations has been working with Member States to reject discrimination and
criminalization based on homophobia and transphobia. While the denial of human rights for
LGBT persons persists throughout the world today, over 30 countries have decriminalized
homosexuality in the past 20 years. In the face of resistance, determined efforts from the U.N.,
associated NGOs, and representatives of Member States to guarantee the human rights of LGBT
persons have been gaining momentum. Today, under the leadership of Secretary-General Ban Ki
moon, there is no doubt that the U.N. is making progress toward the global inclusion of LGBT
rights in our basic human rights.

3. WHAT ARE LGBT RIGHTS?

People around the world face violence and inequality and sometimes torture, even execution
because of who they love, how they look, or who they are. Sexual orientation and gender identity
are integral aspects of our selves and should never lead to discrimination or abuse.

We are all equal and that everyone should be treated the same. Gay marriage is an
acknowledgement of equality. Two people should be able to formalise their relationship,
regardless of whether they are both men, both women, and one of each.

A slogan very often used is Peace, Love and Tolerance. These are three qualities I hold very
dear. Supporting gay marriage is to me a sign of true acceptance of people in all their varieties

It cant be right that a person in a long-standing gay relationship has no inheritance rights and no
say if their partner becomes ill or dies. I have read several cases where the surviving partner has
been shut out by the deceaseds family who have never accepted their sexuality

8
United Nations. (2012). Secretary-General SG/SM/14145 HRC/13. Retrieved from
www.un.org/News/Press/docs/2012/ sgsm14145.doc.htm

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Sexuality is not something you choose, nor is it something that anyone should be made to feel
ashamed of. Gay couples have the right to get married because they are who they are, and there
is nothing wrong with that at all.

4. THE TOP LGBT ISSUES

1. Queer and Trans* Youth Homelessness

40% of homeless youth identify as LGBT. 68% of those kids were kicked out of their families
and homes because of their sexual orientation and/or gender identity, and 54% reported being
survivors of abuse from their families. These experiences leave these young people particularly
vulnerable to mental and physical health issues, and lead to unfair criminalization of queer
and trans* youth.

2. Violence against Queer and Trans* People

There were 2,000 incidents of anti-LGBT hate violence in 2012. In the past few months, weve
seen the murder of Islan Nettles (a Trans* woman) and the shooting of Mark Carson (a gay
man). In May, there were at least 7 anti-LGBT attacks in New York City alone.

3. Racial Justice

Many of the issues facing the general LGBT population are even worse for people of color. For
example, LGBT people of color are almost twice as likely to experience physical violence,
and 73.1% of all anti-LGBTQ homicide victims in 2012 were people of color. Islan Nettles and
Mark Carson, the two victims of anti-queer violence this summer, were people of color. Violence
is just one issue that is compounded by racial injustice you can find racism at the root of
every other issue on this list. Racial justice, is not specific to LGBT people, but true justice for
LGBT people cant be achieved if not all of us are liberated.

4. Immigrant Justice

An estimated 2.7% of our nations undocumented immigrants identify as LGBT. In fact,

undocumented queer youth have been integral to building the immigration movement. Queer
folks who are immigrants have multiple layers of experience living between literal and figurative
borders, and can help us all dream beyond the current limitations of our immigration system.

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Additionally, the deportation and detention process for migrants is particularly pernicious for
LGBT folks, who are often the subjects of harassment and abuse. A recent report from the
National Centre for Transgender Equality highlights the issues faced by Trans* migrants in
particular.

5. Health

There exist significant disparities in health between heterosexual and LGBT people. The Center
for American Progress identified 14 health disparities between straight and LGBT adults in 2009.
For example, 82% of heterosexual adults had health insurance, while only 77% of LGB adults,
and 57% of transgender adults, had health insurance. Similarly, 83% of heterosexual adults
reported excellent or very good health, compared to only 77% of LGB adults and 67% of
transgender adults. The expansion of access to health care in the U.S. should be a priority of the
LGBT movement, beyond accessing a spouses medical plan through legalized marriage.

6. Economic Justice

Despite the popular images of wealthy LGB celebrities, many queer and trans* people are low-
income. Employment discrimination, lack of health insurance, homelessness, and other factors
make LGBT people particularly vulnerable to the impact of economic inequality. Gay and
lesbian families (especially the latter) are significantly more likely to be living below the poverty
line than heterosexual married families, and children in gay and lesbian households are twice as
likely to live in poverty as compared to children in homes with heterosexual parents. And given
the legacy of racism in the U.S., the statistics are even worse for LGBT people of color.

7. Trans* Justice

Empowerment of Trans* people must be central to the movement for LGBT justice. Many trans*
people live in extreme poverty, and are almost four times more likely than heterosexual and LGB
people to have a household income of less than $10,000 per year. 41% of Trans* people have
attempted suicide, compared to 1.6% of the general population. Trans* people
are consistently abused, discriminated against, harassed, and assaulted. Too often, the T gets
excluded from LGBT initiatives and campaigns. We have to realize that we cant have
LGBT/queer justice without trans* justice.

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The most funding for the LGBT movement goes to big groups like the Human Rights Campaign,
who have a history of excluding trans* people from their work. Its time that the organizations
and leaders who set the agenda for the mainstream LGBT movement start prioritizing the
empowerment of the most marginalized LGBT and queer people, like trans* folks, people of
colour, and individuals living in the South, Southwest, and Midwest.

LGBT RIGHTS IN INDIA

After the Hindu-nationalist Bharatiya Janata Party won the 2014 elections, the government led
by honable Prime Minister Shri Narendra Modi has committed to protecting women from
violence and providing better access to health care and sanitation. The government has
conducted harassment and arbitrary arrests of activists, particularly those organizing protests
against development projects, and placed increased restrictions on funding of NGOs. Caste and
religion-based discrimination is rampant, as is longstanding impunity for abuses by security
forces. The government has expressed a commitment to freedom of speech but Internet
censorship is on the rise, as is state censorship of controversial publications and films. The
government has failed to take strong action against ultranationalist or extremist groups that
threaten violence.

Lesbian, gay, bisexual and transgender (LGBT) people in India face legal and social difficulties
not experienced by non-LGBT persons. Sexual activity between two persons of the same sex is
criminalised, and is punishable by incarceration. India does, however, legally recognise Hijras as
a gender separate from men or women, making the country one of the few in the world to legally
recognise a third gender.

LGBT people vary greatly by country or territory everything from legal recognition of same-sex
marriage or other types of partnerships, to the death penalty as punishment for same-sex
romantic/sexual activity or identity.

In too many countries, lesbian, gay, bisexual, transgender and intersex people are among the
poorest, most marginalized members of society.

We need more data to get a clear picture but we already know that gay affluence is largely a
myth. Studies show that gay and lesbian people suffer disproportionate discrimination and abuse.

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They are rejected by their families kicked out of their homes and pushed out of school. Too
many of our LGBT brothers and sisters are jobless, homeless and struggling to survive.

The situation of transgender people is even worse overall. They have higher rates of
homelessness, poverty and hunger.

For individuals and their families, this is a personal tragedy. And for society, it is a shameful
waste of human talent, ingenuity and economic potential.

When the human rights of LGBT people are abused, all of us are diminished. Every human life is
precious none is worth more than another.

We all have a sexual orientation and a gender identity, and this shared fact means that
discrimination against members of the Lesbian, Gay, Bisexual and Transgender community,
based on sexual orientation and/ or gender identity, is an issue that transcends that community
and affects all of us.

Sexual orientation covers sexual desires, feelings, practices and identification. Sexual orientation
can be towards people of the same or different sexes (same-sex, heterosexual or bisexual
orientation). Gender identity refers to the complex relationship between sex and gender, referring
to a person's experience of self-expression in relation to social categories of masculinity or
femininity (gender). A person's subjectively felt gender identity may be at variance with their sex
or physiological characteristics.

However, across the globe, there remain many instances where an individuals' sexual orientation
or gender identity can lead them to face execution, imprisonment, torture, violence or
discrimination. The range of abuse is limitless and it contravenes the fundamental tenets of
international human rights law.

Human rights abuses based on sexual orientation or gender can include violation of the rights of
the child; the infliction of torture and cruel, inhuman and degrading treatment (Article 5);
arbitrary detention on grounds of identity or beliefs (Article 9); the restriction of freedom of
association (Article 20) and the denial of the basic rights of due process.

Examples include:

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 Execution by the state
Denial of employment, housing or health services
Loss of custody of children
Denial of asylum
Rape and otherwise torture in detention
Threats for campaigning for LGBT human rights
Regular subjection to verbal abuse

In many countries, the refusal of governments to address violence committed against LGBT
people creates a culture of impunity where such abuses can continue and escalate unmitigated.
Often, such abuses are committed by the state authorities themselves, with or without legal
sanction.

ISSUES IN INDIA

1. Decriminalization

People detained or imprisoned solely because of their homosexuality - including those

individuals prosecuted for having sex in circumstances which would not be criminal for
heterosexuals, or for their gender identity - are considered to be prisoners of conscience and
Amnesty International calls for their immediate and unconditional release.

Amnesty International calls for the decriminalization of homosexuality where such legislation
remains, including a review of all legislation which could result in the discrimination,
prosecution and punishment of people solely for their sexual orientation or gender identity. All
such laws should be repealed or amended.

2. Marriage Equality

The right of adults to enter into consensual marriage is enshrined in international human rights
standards.

Article 16, Universal Declaration of Human Rights (UDHR)

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Men and women of full age, without any limitation due to race, nationality or religion, have the
right to marry and to found a family. They are entitled to equal rights as to marriage, during
marriage and at its dissolution.

Civil marriage between individuals of the same-sex is therefore an issue in which fundamental
human rights are at stake. Amnesty International believes that the denial of equal civil
recognition of same-sex relationships prevents many people from accessing a range of other
rights, such as rights to housing and social security, and stigmatizes those relationships in ways
that can fuel discrimination and other human rights abuses against people based on their sexual
orientation or gender identity.

Amnesty International opposes discrimination in civil marriage laws on the basis of sexual
orientation or gender identity and calls on states to recognize families of choice, across borders
where necessary. States should not discriminate against minority groups based on identity.

CONCLUSION

For lesbian, gay, bisexual and transgender (LGBT) people the law is a paradox. The law can
operate as an instrument of repression and control, but also as a tool for resistance and liberation.
We find fragments of our collective histories in court records. Here we find a sorry history of
people in countries across the world convicted of loitering, sodomy, cross-dressing or so-called
"crimes against nature."

For a vulnerable minority, and an unpopular one, domestic and international law has proven to
be an indispensable tool, sometimes the only tool, for LGBT people to claim a space in the
world. Two decades ago in a 1994 case, the UN Human Rights Committee in Toonen v.
Australia asserted the right to privacy for same-sex consenting adults under international law. In
1998, South African courts repealed the Immorality Act and five years later, in 2003, Lawrence
v. Texas saw the remaining sodomy laws in the US declared unconstitutional.

Yet some 76 countries around the world maintain discriminatory LGBT laws. Britain exported
its sodomy laws to the empire, where many remain in force. These laws not only hold the threat
of arrest and prosecution, but have other profound implications for LGBT people as well. Even

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in the many countries where sodomy laws are seldom enforced, such as India and Uganda, they
still symbolize national discrimination against LGBT people.

Human Rights Watch has reported these laws are routinely used for blackmail and extortion, in
settings as diverse as Kyrgyzstan, Jamaica and Uganda. Such laws contribute to a climate of
prejudice and hostility in which violence occurs with impunity. The passage of the anti-
propaganda laws in Russia led to a peak in violence against LGBT people. In Nigeria, the
immediate effect following the enactment of draconian legislation was mob violence against gay
men. The law in these places means that LGBT people must live a shadow existence under the
threat of violence.

What seldom gets talked about is the psychological impact on individuals. The archaic language
of these laws; "the abominable crime of buggery" as the Jamaican law reads, the more delicate
language of "the love that dare not speak its name" or vague reference to "carnal knowledge
against the order of nature," casts a shadow over desire and the most personal expression of
human intimacy. Read through the judgment of the Indian Supreme Court ruling that upheld the
sodomy law: the language of family and kinship is reserved for heterosexual marriage, while for
homosexuals the language is one of body parts engaged in sexual acts.

A Nigerian activist in Abuja recently told me a story about how, when she visited London,
someone had asked her about the situation back home. She said she instinctively withdrew to a
corner and spoke in hushed tones, before thinking, "What am I doing?" She had already
internalized a fear of being noticed. What cumulative effect does this have on self-esteem and
self-worth?

Sodomy laws have historically been used for political purposes. In France in 1307, King Philip
IV brought sodomy accusations against the Order of the Knights Templar and dissolved it. The
reason - he was heavily indebted to the Knights at the time. In England, King Henry VIII
promulgated the Buggery Act in 1533 then promptly accused Roman Catholic monks of sodomy
and used that as an excuse to confiscate their monastic lands. He also disposed of his opponent
Lord Hungerford by executing him for sodomy in 1540.

Such tactics are still in use. The progress, passage and fate of the Ugandan Anti-Homosexuality
Act has as much to do with political intrigue within the ruling party and President Yoweri

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Museveni's fluctuating popularity as it has to do with homosexuality. Vladimir Putin wears a
mantle of traditional and family values as political armor that works for him domestically, and
also internationally as he takes the stage on an anti-Western ticket. In Malaysia, the political
opposition is kept in check by recurrent accusations of sodomy against opposition leader Anwar
Ibrahim. And in Zimbabwe we can tell an election is coming just by monitoring the level of
homophobic rhetoric emanating from the ruling party.

Anti-gay laws are seldom just about homosexuality. Homophobia is both a reality and a ruse.
Increasingly it is being used as an instrument of political repression. Laws that ban
"propaganda," "promotion," or support of LGBT groups are so vague and sweeping that they
threaten fundamental freedoms of association and expression. And it is not only LGBT groups
that are at risk. The recent wave of anti-LGBT legislation that seeks to outlaw not only sexual
practice but also public expression of identity is almost invariably accompanied by broader
attacks on activism, on political opposition and on the ability of local organizations to receive
foreign funding.

This is playing itself out at a national level, but it is also evident internationally. At the UN,
Russia is leading an aggressive charge against the rights of LGBT people under the rubric of
"traditional values." Speaking on the crisis in Ukraine at the UN Human Rights Council in
March, Foreign Minister Sergey Lavrov caricatured recent advances in basic human rights for
marginalized people as resulting from "[s]upporters of ultraliberal approaches, supporting all-
permissiveness and hedonism, requesting a revision of moral values."

Similarly with a push for more limited language on "the family" and an emphasis on the rights of
the family as an entity, rather than the individuals who make up the family, the Russian
government and its allies are pushing for a concept of human rights that protects the group over
the individual. This rhetoric and practice creates a false dichotomy and pits "tradition" against
human rights. LGBT rights are the wedge issue, but at stake are the basic principles of
international human rights law: that human rights are universal, inalienable and indivisible.

So we should not fool ourselves into thinking that this is only about the rights claims of a
vulnerable minority. The well-known adage that the way a society treats its minorities is a good
measure of its democracy rings particularly true. What seems distinct about this particular time

17
in our history is the way in which the rights of LGBT people have become a lightning rod for
competing visions of the world.

Using homophobia for political ends is as old as the law itself. What has changed is that this is
playing itself out on an international level and is becoming the language for articulating two very
different visions of the world, one in which human rights are seen as a value to be cherished and
upheld, the other in which human rights are seen as a profound threat.

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