Protections of Equal Rights across Sexual Orientation and Gender Identity: An Analysis of 193 National Constitutions

Abstract

This article provides the first detailed global assessment of the ways in which constitutions protect equal rights based on sexual orientation and gender identity across the spheres of general equality and discrimination, employment and marriage rights. Drawing on global data from 193 U.N. member states, we examined how constitutional protections of equal rights varied according to the decade of constitutional adoption as well as the year of the most recent constitutional amendment as of May 2014. Regional variation and a comparison with constitutional protections on the basis of sex, race or ethnicity, religion, and disability are also conducted.