Rehan Abeyratne, ”Courts and LGBTQ+ Rights in an Age of Judicial Retrenchment” (Oxford UP, 2025)

Democratic backsliding, culture wars and partisan politics in the past two decades has seen the regression of human rights protections in the courts and across societies. However, having made incremental gains in constitutional courts, LGBTQ+ rights operate as somewhat of a paradox. In this pivotal work, Professor Rehan Abeyratne makes an argument that the progress made in LGBTQ+ rights protection obscures an increased shift towards authoritarian legality in the courts and beyond. Case studies of three apex courts - the U.S. Supreme Court, the Supreme Court of India, and the Hong Kong Court of Final Appeal - provide insight into the erosion of democracy and the rule of law across these jurisdictions. Courts and  LGBTQ+ Rights in an Age of Judicial Retrenchment (Oxford UP, 2025) is an important work and should serve as a warning sign to constitutional lawyers, human rights scholars and anybody interested in the values that underpin liberal democracy as to the the limited ability of constitutional courts to protect rights in the current climate.  

Professor Rehan Abeyratne is is Professor and Associate Dean (Higher Degree Research) at Western Sydney University School of Law, where he teaches Government and Public Law, Legal Research and Methodology, and Comparative Law: Legal Systems of the World. He also coordinates the School of Law's Honours Program. Professor Abeyratne holds a PhD from Monash University, a JD from Harvard Law School, and a BA (Hons.) in Political Science from Brown University. He researches comparative constitutional law and has published several books and articles in world leading journals. Most of Prof. Abeyratne's research can be freely accessed on SSRN, Academia, and Google Scholar.

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