Protection for Gays, Lesbians, and Bisexuals in Northern Ireland Through Equality Legislation in the Belfast Agreement
Fordham International Law Journal Volume 27, Issue 3 2003 Article 8 Out of Troubles and into Rights: Protection for Gays, Lesbians, and Bisexuals in Northern Ireland Through Equality Legislation in the Belfast Agreement McKenzie A. Livingston∗ ∗Fordham University School of Law Copyright c 2003 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj NOTE OUT OF THE "TROUBLES" AND INTO RIGHTS: PROTECTION FOR GAYS, LESBIANS, AND BISEXUALS IN NORTHERN IRELAND THROUGH EQUALITY LEGISLATION IN THE BELFAST AGREEMENT* McKenzie A. Livingston ** INTRODUCTION Northern Ireland is a province known more for its years of political and religious conflict, commonly referred to as the Troubles,' than for a gay and lesbian rights movement.2 Yet, or- * This Note does not address Northern Ireland's treatment of transgender individuals, since being "trans" deals with gender identity rather than sexual orientation. This principle was established by the European Court of Justice in P v. S and Cornwall County Council, Case C-13/94 (1996), where the Court held the dismissal of an individual following gender reassignment was unlawful discrimination on the grounds of sex. Thus, the proper analysis for addressing transgender rights and equality is through the lens of gender, and not sexual orientation. ** J.D. Candidate, 2004, Fordham University School of Law, Fordham Interna- tional Law Journal, Associate Editor, Volume XXVII. I would like to thank Barbary Cook, Barry Fitzpatrick, Cara Hirsch, and Michel Paradis for their invaluable advice and assistance; the Northern Ireland Gay Rights Association for granting me access to their archives; my dear friend Kenneth Garvey, Marie Caronia, and my family for their sup- port; and, my partner Tom Martillotti for his endless love, patience, and encourage- ment.
[Show full text]