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Posts by Peter Dunne

Mar 26

UK Equal Marriage Consultation

Posted 56 days ago by Peter Dunne

What is the optimal means of achieving social change? Are the courts the most appropriate vehicle for implementing progress? Does impact litigation really short-circuit the democratic process?

An interesting comparison can be made in the ways which the United States and the United Kingdom both repealed their abortion and sodomy prohibitions. In the United States, progress was achieved through the federal judiciary, with the nation’s Supreme Court issuing landmark decisions in Roe v Wade and Lawrence v Texas. In Britain on the other hand, abortion and the decriminalization of homosexuality came through Parliament, and following a number of highly publicized public reports, most particularly the Wolfenden Report. 

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Mar 9

Selecting the Perfect Plaintiff in Impact Litigation: Equality for All or for Some?

Posted 73 days ago by Peter Dunne

Dale Carpenter, a Professor at the University of Minnesota Law School, has recently published a new book exploring the Supreme Court case of Lawrence v Texas, the 2003 decision, which struck down the United States’ remaining sodomy laws.

“Flagrant Conduct,” which was just reviewed by Dahlia Lithwick for the New Yorker Magazine, tells the back-story of Lawrence, delving into the complex relationships that existed between the main protagonists in the litigation.  The book is particularly interesting because it suggests a very different narrative to the story set out in Justice Kennedy’s majority opinion and addresses the all-important question of selecting plaintiffs for impact litigation.

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Mar 5

Free Expression, Hate Speech and LGBTI Rights

Posted 77 days ago by Peter Dunne

One of the great differences between the public law regimes of Europe and the United States is the diverging attitudes that judges and legislators have adopted towards “hate speech.”

While both the First Amendment of the US Constitution and Article 10 of the European Convention on Human Rights recognize that free expression is essential to public debate, the Courts administering these two provisions have taken widely different views as to what transcends the boundaries of protected speech and becomes something that society might rightly prohibit.

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Feb 3

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Cynthia Nixon and Choice

Posted 108 days ago by Peter Dunne

This post considers the controversy surrounding sexual orientation as “choice”

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Jan 27

Transgender Marriage in the Courts

Posted 115 days ago by Peter Dunne

In the light of a recent Hong Kong Court of Appeal decision, this post considers how courts in the United States have ruled upon the issue of transgender marriage.

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Jan 20

Presidential Politics in 2012 – Sarkozy vs. Hollande

Posted 122 days ago by Peter Dunne

As the GOP nomination process edges forward, this post looks at the Presidential election in France and considers the two main candidates for office.

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Jan 11

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The Legacy of Stephen Lawrence and The Los Angeles Riots

Posted 131 days ago by Peter Dunne

This post considers the legacy of the Los Angeles Riots and the Stephen Lawrence murder in the United Kingdom. It argues that despite initial steps taken to address the institutional racism which was so prominent in both incidents, little concrete progress has been made in the intervening years. It also addresses some of the recent consequences of this inaction.

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Jan 6

Are LGBT Persons in the Military more deserving of Equality Rights?

Posted 136 days ago by Peter Dunne

This post looks at the issue of sexual orientation and military service. It observes that many people feel LGBT service men and women are particularly deserving of equality rights because they have given service to their countries. The post argues that this is flawed logic and could be dangerous if taken to its logical conclusion. LGBT individuals are not entitled to equality because they have served their country. They are entitled to equality because they are equal with all other persons.

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Dec 23

Conversations with the Courts: Is Newt Gringrich Right?…(but for the Wrong Reasons)

Posted 150 days ago by Peter Dunne

This post considers the value of encouraging greater dialogue between the Courts system and the other two branches of government.

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Dec 16

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Putting The US LGBT Domestic Agenda in Perspective: The First UN Report on LGBT Rights

Posted 157 days ago by Peter Dunne

This post notes the release of the first ever UN Report on LGBT Rights and discusses its importance for the US domestic gay rights agenda

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