I have previously noted Lord Rodger's dark humour. Unless he is one of those chaps who seems funnier the further away one gets from him, here he goes again:
" ... just as male heterosexuals are free to enjoy themselves playing rugby, drinking beer and talking about girls with their mates, so male homosexuals are to be free to enjoy themselves going to Kylie concerts, drinking exotically coloured cocktails and talking about boys with their straight female mates. ...".
HJ (Iran) v Secretary of State for the Home Department [2010] UKSC 31 (7 July 2010), at para 78. I suspect he was assisted in writing that passage by what Lady Hale has called "the extremely bright young Judicial Assistants in the Supreme Court": opening address in 'Ten years on': A Multi-perspective Evaluation of the Human Rights Act – Salford Human Rights Conference 2010 (4-5 June 2010).
HJ isn't a criminal case, so I don't need to comment on it here.
I was surprised to hear, when she was interviewed on a radio programme during her recent visit to New Zealand, that Lady Hale sounds much different from what her somewhat tousled ra-ra-hockey-sticks appearance might suggest. She was incredibly patient with some rather mundane questions.
For discussion of HJ, see Aidan O'Neill QC, "Some Reflections on Religion, Sexuality and the Possible Transatlantic Implications of the HJ (Iran) v. Home Secretary [2010] UKSC 31" at UKSC blog 12 July 2010.
