State-enabled killing of same-sex attracted people: a legal pluralist account
Alexander, C., Sato, M. and Zanghellini, A.
It is advisable to refer to the publisher's version if you intend to cite from this work. See Guidance on citing. To link to this item DOI: 10.1017/lsi.2022.48 Abstract/SummaryIn eleven countries, same-sex sexual intimacy is punishable by death. Applying a legal pluralistic framework, we argue that ‘State-enabled killing’ of same-sex attracted people occurs in at least 23 countries. State-enabled killings range from extrajudicial and quasi-judicial killings, where State actors carry out the killing; through instances where the State retrospectively authorises, through bias or lawful excuses to homicide, the killing of same-sex attracted people by private actors; to cases where the State permits or endorses forms of so-called ‘conversion therapy’ that lead to death. We contend that a narrow focus on the death penalty as the only genuine form of State-enabled killing of same-sex attracted people is analytically unwarranted and strategically dubious in terms of law reform advocacy. Critical legal pluralism allows us to pursue the practical and normative implications of hypothesising a functional equivalence between the death penalty and these other forms of State-enabled killing.
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