New SOGIESC publication: ‘Queering Courts’

 The monograph ‘Queering Courts’ is now also available outside of the Low Countries through Amazon (https://www.amazon.com/Queering-Courts-Analysing-marriage-European/dp/B0GK94TXKJ/ref=sr_1_1.

New SOGIESC publication: ‘Queering Courts’

With the use of queer legal theory, ‘Queering Courts’ analyses how courts such as the European Court of Human Rights, the Court of Justice of the European Union, and the United States Supreme Court interpret and apply the notions of ‘sex’, ‘gender’, ‘sexuality’ and ‘sexual orientation’ in their equal marriage rights case law.

The research reveals that courts interpret the notions as binary constructs with the dominance in the hierarchies commonly anchored on certain heteronormative beliefs. This results in the discrimination, non-inclusivity and ‘othering’ of all that do not fall within the dominant part of the hierarchies, making them thus ineligible to enjoy ‘full’ or ‘equal’ marriage rights. While the decision-making of the courts is influenced by factors such as history, culture, religion, politics, etc., judicial self-restraint is oftentimes exercised for credibility, legitimacy, and authority reasons. The research suggests that courts should ‘queer’ their approaches for more inclusive, diverse, and universal adjudication. Until then, the enjoyment of full equal marriage rights is only for the heterosexually privileged.

– Dr Alina Tryfonidou: “Queering Courts is an exceptional and timely contribution to the literature on the equal marriage rights of same-sex couples. Dr. Shahid offers a masterful and crystal-clear analysis of the jurisprudence of three major courts – the ECtHR, the CJEU and the US Supreme Court – engaging rigorously with their case law while illuminating, through the lens of queer legal theory, how these courts understand and deploy the concepts of sex, gender, sexuality and sexual orientation. Written in crisp, accessible language and grounded in original scholarly insight, this book provides a refreshing, innovative and genuinely enlightening perspective. A delight to read and a significant intervention in the field.”