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UID:20260805T103737EDT-0430Muv19o@132.216.98.100
DTSTAMP:20260805T143737Z
DESCRIPTION:Speaker: Robert Leckey. Organized by Légale 91Ë¿¹ÏÊÓƵ Outlaw and o
 pen to all. Note new date. The paper examines the subset of comparative co
 nstitutional legal scholarship treating gay rights (chiefly decriminalizat
 ion of sodomy and recognition of same-sex relationships). It contends that
  the literature is unsatisfactory in several respects. It manifests a thin
  methodology which assumes that constitutional law takes place in courts a
 nd concerns Supreme Courts' interpretation of written texts\, and that it 
 is changed by litigation. The tendency to focus repeatedly on the same 'su
 ccess stories' – Canada\, South Africa – leaves unexamined instances where
  reforms have failed. Yet such failures likely have lessons for those conc
 erned with understanding how to effect change. Furthermore\, the literatur
 e's assumption that achieving marriage is the objective sideswipes other a
 spirations for family justice\, ones concerned with alternative family arr
 angements. Straight comparisons of the progress of same-sex marriage litig
 ation in different jurisdictions unduly narrow the scope of vision of scho
 lars\, who might instead imagine more transformative change. The paper pro
 poses a thicker methodology for comparative constitutionalism\, one more a
 lert to the multiplicity of settings in which constitutional law operates 
 and is contested and remade.\n
DTSTART:20080204T213000Z
DTEND:20080204T223000Z
LOCATION:Chancellor Day Hall\, CA\, QC\, Montreal\, H3A 1W9\, 3644 rue Peel
SUMMARY:Thick instrumentalism and comparative constitutionalism: The case o
 f gay rights
URL:/channels/event/thick-instrumentalism-and-comparat
 ive-constitutionalism-case-gay-rights-27195
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