The Jurisprudential Rationale Behind LGBTQ Anti-Discrimination Law

Abstract

Abstract: This essay examines the philosophical and legal rationale underpinning the criminalization of discriminatory behaviour against LGBTQ individuals, highlighting how anti-discrimination law serves as a regulatory mechanism. It explores three jurisprudential approaches: the moral wrongdoing approach, the individual autonomy approach, and the community welfare approach, analysing how each justifies the prohibition of discrimination. The essay argues that the balance between individual autonomy and community welfare forms the foundation of LGBTQ anti-discrimination law, ensuring that legal intervention addresses harmful conduct while respecting personal freedoms. Additionally, it investigates the elements of discriminatory behaviour, focusing on the actus reus (prohibited act) and mens rea (accompanying mental state) to determine the criteria for criminal liability. By evaluating the appropriate standards of intent and harm, the research underscores the importance of crafting laws that protect LGBTQ individuals while maintaining legal certainty and fairness. This analysis contributes to the broader discourse on how anti-discrimination laws can foster a more inclusive society through balanced regulation and enforcement.