Secretary of Justice v Yau Yuk Lung Zigo, Hong Kong Court of Final Appeal, [2007] 10 HKCFAR 335
In 2006, a judgment of the Hong Kong Court of Final Appeal found that Section 118F(1) of the Crimes Ordinance (Cap 200) was unconstitutional on the grounds that it was discriminatory and infringed the constitutional right to equality.
Baczkowski and Others v Poland, No 1543/06, 2007
The European Court of Human Rights ruled unanimously that the banning of an LGBTQ march and assemblies in Warsaw was a violation of Articles 11 (freedom of assembly and association), 13 (right to an effective remedy) and 14 (non-discrimination) of the European Convention on Human Rights.
Leung v Secretary of Justice, Hong Kong Court of Appeal, [2006] 4 H.K.L.R.D. 211
The Hong Kong Court of Appeal held that disparate age-of-consent laws between same-sex and opposite-sex intercourse violated Hong Kong’s Basic Law and Bill of Rights.
Nadan & McCoskar v State, High Court of Fiji at Suva, 26 August 2005. [2005] FJHC 500
Judgment of the High Court of Fiji finding that appellant's human rights were infringed upon, and that criminalisation of same-sex activity between consenting adults by the Fijian Penal Code was unconstitutional.
Lawrence v Texas, 539 U.S. 558 (2003)
The US Supreme Court declared unconstitutional a Texas law that prohibited sexual acts between individuals of the same sex. Justice Anthony Kennedy, writing for the majority, held that the right to privacy protects a right for adults to engage in private, consensual homosexual activity. The judgments of the Supreme Court being authoritative in all states, this judgment effectively decriminalised same-sex activity across the United States in 2003.
Kanane v State, Court of Appeal, 2003 (2), BLR
Judgment of the Court of Appeal at Lobatse, Botswana, found that a 1998 amendment making Section 167 of the Penal Code gender neutral rectified the previously discriminatory male-only provision criminalising same-sex activity between men. The Court held in favour of the state to retain criminalisation of same-sex activity in Botswana under Sections 164(c) and 167 of the Penal Code and that they were not in violation of the Constitution.