Analysis and Description of the Peer Reviewed Article: Sexual Orientation and Gender Identity

          The article Sexual Orientation and Gender Identity (2014) is a compilation of the legal developments related to the lesbian, gay, bisexual, transgender, and queer (LGBTQ+) population across the globe. Author David W. Austin details the progress and regressions of countries that made particularly meaningful legislation in 2013, as well more detailed information regarding the United States. This publication is generated annually in order to provide a general overview of sexual minority status through the legal lens. 

         Sexual Orientation and Gender Identity begins by describing 2013 (the most recent year documented) as “the gayest year in gay history” (p. 489) due to the enormous successes regarding marriage equality and the violence perpetrated against the LGBTQ+ population. Austin also recognizes the enormity of United States President Barack Obama mentioning “our gay brothers and sisters” (p. 489) in the State of the Union. This short introduction references a wide array of peer-reviewed articles, as well as publications by popular media outlet Buzzfeed.

The remainder of the article is dedicated to legislative activity, summarized here (green = LGBTQ+ progress, red = LGBTQ+ regression):

1.     Marriage

·      The federal Defense of Marriage Act  (DOMA), which states that marriage is “only a legal union between one man and one woman” (p. 490) is struck down in United States v. Windsor

·      New Jersey, New Mexico, and Utah decide that same-sex marriage bans are not acceptable

·      A federal judge in Ohio determines that the state must recognize same-sex marriages from other states

·      Hawaii, Illinois, Washington, Maryland, Rhode Island, Delaware, Minnesota, and Maine all legalized same-sex marriage

·      France, New Zealand, Uruguay, Brazil, Colombia, England, and Wales all legalized same-sex marriage

·      Northern Ireland rejected same-sex marriage legislation

2.     Adoption

·      France and Germany expand adoption rights for LGBTQ+ individuals

·      Russia banned adoption by same-sex couples

3.     Gender Identity Equality

·      Individuals in Bangladesh, India, Nepal, and Germany may identity as a third gender

·      The Violence Against Women Act now includes LGBT-related federal funding

·      Transgender students in California can now participate in school-related activities based on personal gender identity

·      New Jersey banned LGBT “conversion therapy” on minors

4.     Discrimination and Violence

·      Consensual sex between same-sex adults is still criminally penalized in seventy-six countries

·      Russia: Approved a ban on “homosexual propaganda”

·      India: Implemented a law that enforces a ten year sentence for homosexual conduct

·      Nigeria: The Same Sex Marriage Prohibition Bill bans same-sex marriage and LGBT organizations

·      Uganda: Criminalizes “the promotion or recognition of homosexuality” (Smith, 2013)

5.     Asylum

·      In Africa, the majority of countries still criminalize LGBTQ+ individuals

·      In the United Kingdom unofficial reports claim that 98% of LGBTQ+ individuals asylum requests are rejected

·      In Minister voor Immigratie en Asiel v. X, Y, and Z the European Court of Justice ruled primarily in favor of granting more asylum cases for LGBTQ+ individuals

       This article is clearly written by an individual who supports the rights of the LGBTQ+ population. This is demonstrated by the inclusion of bills that promote sexual minority achievements and language that demotes discriminatory actions. However, despite the author’s full support of LGBTQ+ rights, there are some lapses of information, especially regarding transgender individuals. For example, there are no clarifying statements about whether same-sex marriage legislation includes transgender individuals and what the marriage rights are for transgender individuals across the United States and the rest of world. 

References

Austin, D. (2014). Sexual Orientation and Gender Identity. International Law, 489-503.

Smith, D. Ugandan MPs Rush Through Draconian Laws Against Homosexuality, The

Guardian (Mar 29, 2015), http://www.theguardian.com/world/2013/dec/20/

uganda-mps-laws-homosexuality.