Sexual Orientation in EU Law. Helena Pereira de Melo Helena.firstname.lastname@example.org November 2013. Oscar Wilde (1854 -1900). Lord Alfred Douglas (1893). The Crown vs. Wilde (1895).
Helena Pereira de Melo
“’The love that dare not speak its name’ in this century is such a great affection of an elder for a younger man as there was between David and Jonathan, such as Plato made the very basis of his philosophy, and such as you find in the sonnets of Michelangelo and Shakespeare. It is that deep spiritual affection that is as pure as it is perfect. It is beautiful, it is fine, it is the noblest form of affection. There is nothing unnatural about it. That it should be so, the world does not understand. The world mocks at it, and sometimes puts one in the pillory for it”.
Some love too little, some too long, Some sell, and others buy; Some do the deed with many tears, And some without a sigh: For each man kills the thing he loves, Yet each man does not die.
“ladies would never engage in such despicable acts…”
California congressman Duncan Hunter is raising a unique argument against repealing the ban on ‘Don't Ask, Don't Tell’. He thinks allowing openly gay soldiers will destroy the "special bond" among soldiers by opening the military to "transgenders, to hermaphrodites, to gays and lesbians."
“Did you know that gay men's hair is more likely to grow in a counterclockwise pattern while straight men grow clockwise? Or that a gay man's index finger is likely to be longer than his ring finger - something rarely found on straight men?”
New York Magazine, 2008
“The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.” (article 1 a))
“In defining and implementing its policies and activities, the Union shall aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.”
“one person is treated less favourably than another is, has been or would be in a comparable situation, on the ground of sexual orientation”
In 2006, Witt was told she would be honorably discharged for participating in homosexual activity. Having joined the USA Air Force as a 2nd lieutenant in 1987, she was within a year of retirement and posed for promotion to lieutenant colonel.
“Wounded people never asked me about my sexual orientation. They were just glad to see me there.”
(Air Force Times, 2008)
“Member States may provide that this Directive, in so far as it relates to discrimination on the grounds of disability and age, shall not apply to the armed forces”
“an apparently neutral provision, criterion or practice would put persons having a particular sexual orientation at a particular disadvantage compared with other persons unless it is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary”
“unwanted conduct related to sexual orientation takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment”
“an instruction to discrimination against persons on grounds of sexual orientation shall be deemed as discrimination”
“With a view to ensuring full equality in practice, the principle of equal treatment shall not prevent any Member State from maintaining or adopting specific measures to prevent or compensate for disadvantages linked to sexual orientation”
Member States must ensure individuals are protected from adverse treatment or consequences as a reaction to a complaint or to proceedings aimed at enforcing compliance with the principle of equal treatment