Courts and LGBTQ+ Rights in an Age of Judicial Retrenchment

With this book, Abeyratne establishes himself as an indispensable voice in comparative constitutional law - enriching the field's methodology and debates equally. * Shreya Atrey, Associate Professor in International Human Rights Law, University of Oxford *
This is an excellent, timely book that critically engages with LGBTQ+ rights, courtrooms, and the rise of reactionary forces in three societies. The book critiques the shallow and inconsistent commitment to LGBTQ+ rights, revealing how judicial strategies increasingly prioritize self-preservation over genuine equality. In doing so, it exposes the complexities of navigating rights in turbulent political climates. * Dipika Jain, Professor of Law and Director, Centre for Justice, Law and Society at Jindal Global Law School *
What's the fate of cosmopolitan constitutionalism when populist authoritarians gain political power? Rehan Abeyratne comes up with a nuanced answer based on detailed studies of the judicial enforcement of LGBTQ+ rights in the United States, India, and Hong Kong. Drawing in analyses of particular institutional settings, political developments, and the details of legal doctrine, he argues that these courts have reached an "uneasy truce" with their political regimes in which they continue to take LGBTQ+ rights seriously while tempering their enforcement to preserve the courts' institutional capital both at home and abroad. This book should be of interest to those in the fields of comparative constitutional studies and LGBTQ+ studies. * Mark Tushnet, William Nelson Cromwell Professor of Law emeritus, Harvard Law School *
The expansion of LGBTQI+ rights has been one area of notable progress for the project of transformative constitutionalism in many countries across the globe. Yet in this important new book, Rehan Abeyratne argues that this apparent rights expansion has come with a dark side: it has served to obscure, or at times even legitimate, the parallel retreat by many courts from a role in protecting democracy and the rule of law. This sobering conclusion, which should give pause to constitutional lawyers and scholars alike, demands and deserves wide attention. * Rosalind Dixon, Professor of Law, University of New South Wales *
This book explores the ways in which courts protect LGBT rights even in times of democratic backsliding. While the protection of rights by courts is associated with liberal democracy, Abeyratne explores how and why do apex courts continue to protect LGBT rights even when liberal democracy is in decline. This will be a fascinating read for students and scholars of LGBT rights as well as anyone interested in comparative constitutional law. * Aeyal Gross, Professor of Law, Tel Aviv University *
The book is a timely and important contribution. Through the prism of LGBTQ+ rights, it exposes the heterogeneity, complexity, and contingency of judicial protection of liberal rights in polities undergoing liberal retrogression. It is a significant contribution not just to our understanding of the landmark developments on LGBTQ+ rights in recent years, but also to our understanding of the nature of authoritarian legality. The book's insights are of particular relevance at a time of global crisis for liberal constitutionalism. * Cora Chan, Professor of Law, University of Hong Kong *