Nuno Ferreira, Maria Federica Moscati, Senthorun Raj
B & W 244 x 170 mm | Perfect Bound on White w/Matte Laminate | 542 pages | Paperback ISBN 978-1-910761-21-2 | Forthcoming
Colour 244 x 170 mm | Perfect Bound on White w/Matte Laminate | 542 pages | E-book (ePDF) ISBN 978-1-910761-22-9 | Forthcoming
Dear Reader,
The Queer Judgments Project is an initiative that evolved from disparate conversations between the current co-editors about how legal judgments related to sexual orientation, gender identity and expression, and sex characteristics could have been written in different terms in light of relevant legal frameworks. This project brings together friends, colleagues, scholars, and activists who are interested in improving and challenging the law and its application to make life better for lesbian, gay, bisexual, transgender, intersex, queer and other minoritized people and communities.
This edited collection is the first output of the project and the pages of this book re-imagine, re-write and re-invent judgments, from queer and other complementing perspectives. With an international reach and multi-disciplinary scope, this edited collection invites you to a queer dance through 26 judgments and commentaries.
We invite you to read us queerly and move these conversations
with us!
1. Queer(ing) Judgments
Nuno Ferreira, Maria Federica Moscati and Senthorun Raj
PART I: CRIME AND SODOMY
2. Ex parte Langley; Re Humphris (Australia): Cruising, Crime and the Path to Decriminalization
Thomas Crofts
3. R v Green (Australia): Affective Judging—An Australian Case of Disgust
Senthorun Raj
4. Navtej Singh Johar & Ors. v Union of India thr. Secretary Ministry of Law and Justice (India): Queering Section 377 Litigation in the Indian Higher Courts through Bringing in Multiple Marginalized and Intersectional Narratives
Yerram Raju Behara, Malhar Satav and Sal
5. KK v Russian Federation (United Nations Committee on the Elimination of Discrimination against Women): Rewriting Judgment as Queer Therapeutic Autoethnography
Kseniya Kirichenko
6. Petition 150 & 234 of 2016 (consolidated) [2019] High Court of Kenya (Kenya): The Potent Possibilities of Dissent—Towards a Renegade Judicial Praxis
Waruguru Gaitho
PART 2: PRIVACY AND DISCRIMINATION
7. Laskey, Jaggard and Brown v United Kingdom (European Court of Human Rights): A Queer Judgment
Alexandra Grolimund and Alexander Maine
8. Hatton v the United Kingdom (European Court of Human Rights): Queering Environmental Protections
Kay Lalor
9. Reliable Consultants, Inc. v Earle (USA): Reimagining the Sex Toy Cases
Andrew Gilden
10. NSW Registrar of Births, Deaths and Marriages v Norrie: A Trickster’s Jurisprudence
Odette Mazel, Claerwen O’Hara and Dianne Otto
11. R (On the Application of Hopkins) v Sodexo / HMP Bronzefield QB (Administrative Court) (United Kingdom): Dehumanization, Infantilization & the Erasure of Disabled Lived Experiences in the Prison
Felicity Adams and Fabienne Emmerich
12. Prosecutor v Ahmad Al Faqi Al Mahdi (Reparations) (International Criminal Court): Queering Cultural Heritage Law & the Identities It Enshrines
Lucas Lixinski
13. MB v Secretary of State for Work and Pensions (European Union): A Transgender Studies Rewriting of the MB Judgment by the Court of Justice of the EU
Mariza Avgeri
14. Elan-Cane (United Kingdom)
Carolynn Gray
PART 3: FAMILY AND PARENTHOOD
15. Joslin et al. v New Zealand (United Nations Human Rights Committee): Queering the UN Human Rights Committee
Rafael Carrano Lelis and Paula Gerber
16. EB v France: Lesbian Adoption in the European Court of Human Rights
Sanna Elfving, Katie Jukes, Miriam Schwarz and Surabhi Shukla
17. McD v L and M: The Case for Procreative Liberty for LGBT+ Families
Claire O’Connell (Judgment) and James Rooney (Commentary)
18. Constitutional Court, Judgment no. 138, 14 April 2010 (Italy): Finally, Even the Judges See that Same-Sex Couples Exist!
Yàdad De Guerre and Marica Moscati
19. UKM v Attorney-General (Singapore): Same-Sex Parenting and the Legal Closet in Singapore
Daryl WJ Yang
PART 4: HEALTH AND REPRODUCTION
20. R (on the application of A and B) v Secretary of State for Health (United Kingdom): What is the Cost of Reproductive Rights?
Lynsey Mitchell
21. McConnell and YY v The Registrar General for England and Wales (United Kingdom): Reflections and Hopes for the Future
Liam Davis
22. Re Imogen (Australia)
Joanne Stagg
23. Appeal-Review-(1)-Zi No. 162 (2021) (Taiwan): Queering the Taiwan High Court Criminal Judgment
Po-Han Lee, Tsung-Han Yu, Titan Deng and Tzu-Wei Lin
24. Nathaniel Le May v The General Manager, Ontario Health Insurance Plan (Canada): Establishing the Legal Right to Transition-Related Surgery for a Non-Binary Ontarian
Frank Nasca
PART 5: ASYLUM AND MIGRATION
25. HJ (Iran) & HT (Cameroon) (United Kingdom): Queer Reflections on a Landmark Case on the Rights of LGBT+ Refugees
Alex Powell
26. X, Y and Z (European Union): Who is Protected as Queer Refugee by the Court of Justice of the European Union?
Carmelo Danisi (Commentary) and Nuno Ferreira (Re-written decision)
27. Coman and Others v Inspectoratul General Pentru Imigrări and Ministerul Afacerilor Interne (European Union): Recognizing Married Same-Sex Couples for the Purposes of EU Free Movement Law
Alina Tryfonidou
Nuno Ferreira is a Professor of Law at the University of Sussex, UK. Previously, he was a Senior Lecturer at the University of Liverpool and Lecturer at the University of Manchester. Nuno’s teaching and research focuses on refugee law, European law, and human rights – especially LGBTIQ+ and children’s rights. Nuno has been a Horizon 2020 ERC Starting Grant recipient, leading the SOGICA project (2016-2020, www.sogica.org), as well as a co-investigator in the Horizon 2020-funded TRAFIG project (2019-2022, www.trafig.org) and Principal Investigator in the ESRC-funded project ‘Negotiating Queer Identities Following Forced Migration’ (2022-2024, https://iranqueerefugee.net/). More information available on https://profiles.sussex.ac.uk/p396218-nuno-ferreira.
Maria Federica Moscati (Marica) is Reader in Law and Society at the University of Sussex. She is a qualified lawyer, trained mediator, and dancer. Her research explores issues concerning Dispute Resolution, Human Rights – especially LGBTIQ+ and Children’s Rights, Reproductive Health, Dance/Law and their intersection in comparative perspective. She is co-director of the Centre for Cultures of Reproduction, Technologies and Health at University of Sussex. More can be found at: https://profiles.sussex.ac.uk/p355203-maria-moscati
Senthorun Raj is a Reader in Human Rights Law at Manchester Law School, UK. He is passionate about glitter, pop culture, and social justice. His research explores the relationship between emotion, law, and LGBTIQ+ rights. His first book, Feeling Queer Jurisprudence: Injury, Intimacy, Identity (Routledge 2020), explored how law crystallises emotions through progressive judgments relating to LGBT people. He is currently working on his next monograph, The Emotions of LGBT Rights and Reforms: Repairing Law (forthcoming with Edinburgh University Press), which explores socio-legal conflicts over religious exemptions to anti-discrimination law, legal gender recognition, conversion practices, and sex education in schools.
Footnote/Endnote:
Nuno Ferreira, Maria Federica Moscati, and Senthorun Raj, Queer Judgments (Coventry: Counterpress, 2024).
Bibliography:
Nuno Ferreira, Maria Federica Moscati, and Senthorun Raj. Queer Judgments. Coventry: Counterpress, 2024.