Indian High Court Says Sodomy Is International Human Right

Stefano Gennarini

India’s highest court struck down the nation’s sodomy laws last week after the country’s legislature declined to do so.

The court cited among other sources retired U.S. Supreme Court Justice Anthony Kennedy’s dictum that “our obligation is to define the liberty of all, not to mandate our own moral code.” The dictum was used in Planned Parenthood v. Casey which upheld judicially imposed abortion-on-demand and Lawrence v. Texas which struck down Texas’ sodomy laws.

In the wide-ranging 500-page eclectic collection of ideologically diverse legal opinions, the 5-judge panel unanimously held that the country’s sodomy laws violated India’s constitution. But four of the five judges went further, saying sodomy laws violated international law, citing the non-binding opinions of UN bodies.

Full Text

More Headlines…