Abstract
In this Article, I examine the international legal basis for marriage equality as a human right.
After a brief introductory discussion of international human rights in theory and in U.S. foreign policy, I go on to discuss the background to the promotion positive LGBT rights, the significance of marriage as a legal and cultural institution, and key reasons LGBT persons seek the benefits of marriage. I go on to examine same-sex marriage within international legal frameworks—the International Convention on Civil and Political Rights (ICCPR) and emerging Customary International Law (CIL). Finally, I argue that the United States and other countries with international influence should advocate not merely the protection of LGBT persons against criminal prosecution and repression based on sexual preference but also the protection of marriage equality as a crucial source of legal and cultural benefits for LGBT persons.
Recommended Citation
Brown, Jessica
(2021)
"Human Rights, Gay Rights, or Both? International Human Rights Law and Same-Sex Marriage,"
Florida Journal of International Law: Vol. 28:
Iss.
2, Article 3.
Available at:
https://scholarship.law.ufl.edu/fjil/vol28/iss2/3