Focusing on gay rights in the European Union, this Article addresses questions all dealing with the likely dynamics of gay-rights development in Europen in the near future. This is done by applying to the legal context of the European integration project of Kreimer's vision of federalism, Karst's analysis of the "freedom of intimate association," and Koppelman's representation of sexual-orientation discrimination as sex discrimination. The argument will proceed as follows: Part I gives a short outline of the importance of federalism for the preservation of liberty. Part II will build on Koppelman's analysis of the nature of sexual orientation discrimination as sex discrimination. Part III will apply the reasoning of the first two Parts to the legal context of European integration, looking both at its potential and the limitations which its practical use in the European context is likely to face.
On Options of Citizens and Moral Choices of States: Gays and European Federalism,
33 Fordham Int'l L.J. 156
Available at: https://ir.lawnet.fordham.edu/ilj/vol33/iss1/4