The Politics of Sexual Identity and the Emerging Constitutional Battles in Europe

Abstract

The aim of this chapter is to consider the politics of sexual identity in Europe and the constitutional battles that are fought when the freedom to express one’s sexual identity and to claim rights related to it, clash with constitutional values and principles that are central to the national identities and traditions of European states. The above can be better exemplified by analysing the complex interplay between European law and national law in situations involving the rights of sexual minorities. The chapter will argue that when sexual minorities rely on European law to require states to respect their rights, what emerges is – often – a clash between principles of a constitutional nature at two different levels: the European level and the national level. In this chapter, we shall focus on examining how these clashes have been resolved, while considering the role that politics may have played in this process.