State-enabled killing of same-sex-attracted people: a legal pluralist account

Alexander, Chris and Sato, Mai and Zanghellini, Aleardo (2023) State-enabled killing of same-sex-attracted people: a legal pluralist account. Law & Social Inquiry 48 (3), pp. 719-747. ISSN 0897-6546.

Abstract

In eleven countries, same-sex sexual intimacy is punishable by death. Applying a legal pluralistic framework, we argue that“state-enabled killing” of same-sex-attracted people occurs in at least twenty-three countries. State-enabled killings range from extra- judicial and quasi-judicial killings, where state actors carry out the killing, through instances where the state retrospectively authorizes, through bias or lawful excuses to homicide, the killing of same-sex-attracted people by private actors, to cases where the state permits or endorses forms of so-called“conversion therapy” that can lead to death. We contend that a narrow focus on the death penalty as the only genuine form of state-enabled killing of same-sex-attracted people is analytically unwarranted and strategically dubious in terms of law reform advocacy. Critical legal pluralism allows us to pursue the practical and normative implications of hypothesizing a functional equivalence between the death penalty and these other forms of state-enabled killing.

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