Decriminalizing same-sex sexual activity: Jurisprudence from the Global South.

This article analyzes the distinctive features of jurisprudence from the Global South concerning the decriminalization of consensual same-sex sexual intimacy, contrasting it with landmark cases from the Global North, including the United States and the European Court of Human Rights (ECtHR). It identifies four key features unique to the Global South: a decolonial framing that links sodomy bans to colonial legacies; recognition of a broader range of rights violations beyond privacy and liberty, including health, substantive equality, and freedom of expression; the development of the doctrine of "constitutional morality," which prioritizes constitutional values over popular morality; and a pronounced emphasis on pluralism and social inclusion rather than assimilation. These jurisprudential innovations challenge narratives that LGBTQ rights are solely Western imports and offer new frameworks for future legal research, litigation, and adjudication in diverse cultural contexts.