Freedom of expression, sexual orientation and gender identity : a jurisdictional comparative

Abstract

'The degree and kind of a man's sexuality reach up into the ultimate pinnacle of his spirit.’ Freedom of Expression can at times be a difficult, abstract and ambiguous notion easily shrunken in value. However it can also be interpreted as a Constitutional ban on many things. Sexual orientation and gender identity are powerful forms of such an expression. The right of free expression is important because without it, people become reduced to mere mechanisms of the State; to be used merely as means to ends. Society needs this right because there is a real connection between it and intelligent self-government – people must be able to express their opinions and feelings in order to have a proper democracy. The state should take these factors into account when designing an infrastructure to enable the fulfilment of its citizens’ rights to freedom of expression, Sexual Orientation and Gender Identity.