Queer constitutionalism

Constitutions are predominantly heteronormative, with heterosexuality serving as the defining characteristic of the ideal constitutional subject: the (cis-hetero) gender binary. In turn, scepticism about accommodating people with sexual and gender diversity within the binary constitutions continues to persist in many parts of the world. In this paper, by seeking to define what ‘constitutional heteronormativity’ is, I explore how a queer approach to constitutions can accommodate non-normative sexual and gender-diverse people within existing constitutional frameworks without necessarily requiring any formal amendment to a constitution. I argue that the transformative potential of queer constitutionalism lies in its ability to reinterpret existing constitutional norms without demanding any formal constitutional changes. More broadly, I seek to develop a theoretical and interpretive framework that aims to advance a pragmatic and flexible approach to the constitutional protection of queer individuals.