ABSTRACT

This chapter deals with an examination of the sexual orientation and gender identity (SOGI) issues that typically arise in a personal relationships context and identifies the resulting implications for human rights. It discusses the meaning and significance of non-discrimination, affirmative action and equality before surveying the case law on SOGI issues relating to such key equality and non-discrimination themes as health, education, employment and service provision. The United States was a leading nation in the adoption of the Universal Declaration of Human Rights and has become a signatory State to most of the ten core international human rights instruments, some with optional protocols. The Civil Rights Act, an iconic milestone for US and for anti-discrimination laws everywhere, sought to prohibit discrimination in public life on a federal basis, including in commerce and education. The US Constitution established no obligations on government to provide health, food, education or an adequate standard of living.