The article argues that lesbian, gay, bisexual, and transgendered (LGBT) rights are a particular instantiation of human rights. But in order to make this argument several things must be done first. Preliminarily, it should be noted that some transgendered issues fall under the rubric "gay rights," even though strictly speaking, they center most prominently on gender and not sexual orientation. Still, there gender aspects are often ignored because of concerns related to sexual orientation, such as whether a (...) transgendered female can use a woman's washroom. Arguably, the reverse may also be true of gays, lesbians, and bisexuals, as many of society's concerns regarding this group involve their following gender roles, even though the discrimination against them is not usually seen as sex discrimination. Bearing that in mind, among the various responsibilities of this article is to define--in the broad sense--what gay and lesbian rights are. This is followed by a similar set of expressions defining what human rights are and an argument for how such rights get justified. Once that is done, the connection between gay and lesbian rights and human rights is pursued within the context of a theory of political morality that establishes the centrality of human rights to all moral concerns. (shrink)

In this article, I argue that public education should provide a constructive forum for discussing aspects of lesbian and gay lifestyles in both primary and secondary schools. My argument is that such action is necessary to offset the way the dominant culture limits the capacities of gays and lesbians to achieve human self-fulfillment. In making this argument, I recognize that I am going beyond merely promoting social tolerance to legitimizing an actual place for discussion of the needs and interests of (...) gays and lesbians in the society at large. The principles I will apply to make this argument are not specifically situated in legal philosophy (concerning the nature of law and its evaluation), but rather, principles of normative political philosophy (concerning ethical justifications of governmental institutions) as we might find in the Universal Declaration of Human Rights adopted by the UN in 1948. (shrink)

Recognizing that GLBTI individuals are often barred from visiting their partners in hospitals or from acting as health care surrogates for incapacitated partners, President Obama directed the Department of Health and Human Services to address these issues. In response, the department amended its rules to prohibit hospitals from restricting, limiting, or denying visitation privileges on the basis of gender identity or sexual orientation. But the changes do not affect the designation of a health care surrogate, a matter largely governed by (...) state law. Therefore, subject to state law, same-sex partners can still be legally barred from making health care decisions for their incapacitated partners, and it remains essential that they execute advance directives and appoint one another as their health care proxies. (shrink)

While affirmative action programs exist for a number of groups, little serious consideration has been given to the establishment of such programs for gay men and lesbians. This essay argues that many of the conditions that justify current affirmative action programs would also justify their extension to gay people, both in terms of compensation for injuries suffered and in terms of benefit to both individuals and society generally. It is argued that anti-discrimination policies are hard to enforce and, in any (...) case, would be inadequate to redress many of the wrongs suffered by gays and lesbians. It is concluded that programs favoring gay visibility are morally justified. (shrink)

Chris Meyers takes the reader on a careful, rational, sustained criticism of arguments about the immorality of homosexuality. Meyers refutes anti-gay arguments by showing that they are based on unreasonable or demonstrably false ideas about the nature of morality. Working through the morality arguments against homosexuality, Meyers shows how the nature of morality demands impartial, overriding reasons to act, and that it is not grounded in visceral feelings of disgust, commands from the scriptures, or mysterious Platonic essences. In clear, convincing (...) discussion, Meyers examines morality to promote the moral logic of granting rights to all people, no matter their sexual orientation. (shrink)

Three arguments summarize opposition to laws protecting LGBTQ+ persons from discrimination: (1) The pseudo-democratic argument (social change should be free of governmental coercion); (2) The clinical argument (homosexuality is an illness); (3) The choice argument (homosexuality is a choice). My purpose is to show the three are vulnerable to damaging objections. This article reflects conditions as they were in 1987 in the USA. For example, the expression LGBTQ+ had not been coined. My use of "gays and lesbians," then believed to (...) be inclusive, excluded a lot of people. (shrink)

In the United States and Europe, an increasing emphasis on equality has pitted rights claims against each other, raising profound philosophical, moral, legal, and political questions about the meaning and reach of religious liberty. Nowhere has this conflict been more salient than in the debate between claims of religious freedom, on one hand, and equal rights claims made on the behalf of members of the lesbian, gay, bisexual, and transgender community, on the other. As new rights for (...) LGBT individuals have expanded in liberal democracies across the West, longstanding rights of religious freedom -- such as the rights of religious communities to adhere to their fundamental teachings, including protecting the rights of conscience; the rights of parents to impart their religious beliefs to their children; and the liberty to advance religiously-based moral arguments as a rationale for laws -- have suffered a corresponding decline. Timothy Samuel Shah, Thomas F. Farr, and Jack Friedman's volume, Religious Freedom and Gay Rights brings together some of the world's leading thinkers on religion, morality, politics, and law to analyze the emerging tensions between religious freedom and gay rights in three key geographic regions: the United States, the United Kingdom, and continental Europe. What implications will expanding regimes of equality rights for LGBT individuals have on religious freedom in these regions? What are the legal and moral frameworks that govern tensions between gay rights and religious freedom? How are these tensions illustrated in particular legal, political, and policy controversies? And what is the proper way to balance new claims of equality against existing claims for freedom of religious groups and individuals? Religious Freedom and Gay Rights offers several explorations of these questions. (shrink)

In this overview, I begin by situating De-Moralizing Gay Rights within the field of queer studies/queer theory. I then delineate the book’s principal arguments. The book critically interrogates three sets of distortions in 21st century public discourse on LGBT+ rights in the United States. The first relates to the critique of pinkwashing, often advanced by scholars who claim to be proponents of a radical politics. I suggest that this critique sometimes suffers from analytical overreach. The second concerns a (...) recent US Supreme Court decision, Obergefell v. Hodges (2015), a judgment that established marriage equality across the 50 states. I argue that this judgment mobilizes the Court’s endorsement of two elements of homonormativity: amatonormativity and repronormativity. Instead of endorsing homonormativity, the Court should have employed an approach based on decisional minimalism. The third distortion occurs in Kenji Yoshino’s theorization of the concept of gay covering. Yoshino’s calls to dismantle cultural demands for gay covering turn out, I argue, to constitute an oppressive command to ‘gay-flaunt.’. (shrink)

The Buddhist view of the mind - how it works, how it goes wrong, how to put it right - is increasingly being recognised as profound and highly practical by scientists, counsellors and other professionals. In The Psychology of Awakening, this powerful vision of human nature, and its implications for personal and social life, are for the first time brought to a wider audience by some of those most influential in exploring its potential for the way we live today. These (...) include: David Brazier Jon Kabat Zinn Francisco Varela Joy Manne Geshe Thubten Jinpa Mark Epstein Gay Watson Maura Sills Guy Claxton Stephen Batchelor Deeply relevant, accessible and authoritative, The Psychology of Awakening will be of interest to all those who wish to understand the workings of their minds a little better and who are also seeking new ways of mastering the challenges - personal, professional and cultural with which modern life confronts us all. (shrink)

In his book Homosexuality, Michael Ruse argues that the state does not have any obligation to provide affirmative action benefits for gay people (beyond the obligation to have anti-discrimination laws). I believe that Ruse's stated reasons do not justify this conclusion. I also believe that the conception of affirmative action he deals with is far too narrow to guarantee that if there is no obligation to provide affirmative action benefits (on that narrow conception) then there is no obligation to provide (...) positive benefits not provided to all (the wider conception of affirmative action). Moreover, I think the attempt to use the narrower, rather than the wider, conception in this case indicates a considerably less than complete sensitivity to the plight of gay people in the context of present day Western societies. In this article I attempt to justify these beliefs. (shrink)

Plato said that as long as wisdom and power, or philosophy and politics, are separated, “there can be no rest from troubles.”1 In The Republic, he sought to forge such a union. For over two millennia, from Plato through John Rawls, philosophers have put forward models for the just state.2 Despite these ongoing efforts, W. B. Gallie contends, “No political philosopher has ever dreamed of looking for the criteria of a good state viz-à-viz [sic] other states.”3 I will argue that (...) as long as wisdom and power are separated in international relations, we will continue to have problems. We need to forge a normative framework capable of addressing global issues. I further maintain that, in order to advance a global normative framework, achieving peace, or at least the “outlawry of war” championed by John Dewey, may well be the precondition for success in addressing the myriad global problems facing humanity.4 I agree with Ronald Glossop that among all the global issues we need to address, war is “humanity’s most pressing problem.”5 How can we adequately protect everyone’s human rights, secure economic well-being for all persons, preserve this planet’s rich biological diversity, and attend to other serious global concerns if we fail to end war? The structure of my argument is as follows: I will begin by reviewing the parochial and warist implications of the focus on national sovereignty within Enlightenment political philosophy from Thomas Hobbes through Immanuel Kant. Then, after indicating how Georg Wilhelm Friedrich Hegel and Karl Marx point beyond the modern state in a way that would allow for the global application of normative principles, I will note that the Hegelian and Marxian traditions have not made this normative prospect focal. Finally, in order to develop a global normative framework, I will connect the efforts within twentieth-century philosophy to develop arenas of applied ethics to recent efforts in political science to develop a model of a humane world community.. (shrink)

In this book, Chris Meyers takes the reader on a careful, rational, sustained criticism of arguments about the immorality of homosexuality. Meyers refutes anti-gay arguments by showing that they are based on unreasonable or demonstrably false ideas about the nature of morality.

In this remarkable study, David A. J. Richards combines an interpretive history of culture and law, political philosophy, and constitutional analysis to explain the background, development, and growing impact of two of the most important and challenging human rights movements of our time, feminism and gay rights. Richards argues that both movements are extensions of rights-based dissent, rooted in antebellum abolitionist feminism that condemned both American racism and sexism. He sees the progressive role of such radical dissent (...) as an emancipated moral voice in the American constitutional tradition. He examines the role of dissident African Americans, Jews, women, and homosexuals in forging alternative visions of rights-based democracy. He also draws special attention to Walt Whitman's visionary poetry, showing how it made space for the silenced and subjugated voices of homosexuals in public and private culture. According to Richards, contemporary feminism rediscovers and elaborates this earlier tradition. And, similarly, the movement for gay rights builds upon an interpretation of abolitionist feminism developed by Whitman in his defense, both in poetry and prose, of love between men. Richards explores Whitman's impact on pro-gay advocates, including John Addington Symonds, Havelock Ellis, Edward Carpenter, Oscar Wilde, and André Gide. He also discusses other diverse writers and reformers such as Margaret Sanger, Franz Boas, Elizabeth Stanton, W. E. B. DuBois, and Adrienne Rich. Richards addresses current controversies such as the exclusion of homosexuals from the military and from the right to marriage and concludes with a powerful defense of the struggle for such constitutional rights in terms of the principles of rights-based feminism. (shrink)

This is an excerpt from the contentIn his latest book, David A. J. Richards extends his analysis of patriarchy and resistance, two of his most cherished themes, to the sphere of historical analysis. The Edwin D. Webb Professor of Law at New York University School of Law here attempts to explore the relationship between these two ideas and the Western history of imperialism. He tries to show that one cannot fully understand the fall of legitimacy of the imperial ideal in (...) the twentieth century without taking into account the opposition against patriarchy that emerged out of a specific movement of resistance, the Bloosmbury Group.Richards devotes the first chapter of his book to demonstrate the thesis that the main feature of imperialism is its patriarchal nature. He does so by exposing the centrality of patriarchy in the Roman and British imperial models. While in the former the patriarchal culture structured both private and public life so as to render men profoundly violent and therefore unable to sustain its hegemonic. (shrink)

Although this article uses Obergefell v Hodges (2015) as its frame, it aims to bring out some distinctive features of Justice Kennedy’s jurisprudence of dignity more broadly. There are two reasons why such an investigation is important. The first is important to those interested in the legal case. Indeed, in Dobbs v Jackson Women’s Health (2022), the Court now argues that the relevant ‘test’ for determining whether a right is protected under the Due Process Clause is whether the right is (...) found to be ‘deeply rooted’ in the nation’s history and tradition. This article aims to critique this decision, as well as originalist approaches to constitutional interpretation more broadly, and seeks to resurrect and reconstruct Kennedy’s jurisprudence of dignity that has undergirded (sometimes quietly) the expansion of civil rights protections to the LGBTQ+ community. The second reason this investigation is important is of interest to philosophers and legal historians. Dignity is a notoriously elusive concept, and much ink has been spilt trying to sort out the precise nature of its content and its boundaries. This article brings together the many (seemingly disparate) uses of dignity found across cases involving gay rights, abortion, and foreign sovereign immunity, and argues Kennedy effectively weaves these uses together in ways that may sharpen our understanding of dignity in both the philosophical and legal literatures. (shrink)

Where did the right to privacy come from and what does it mean? Grappling with the critical issues involving women and gays that relate to the current Supreme Court appointment, Vincent J. Samar develops a definition of legal privacy, discusses the reasons why and the degree to which privacy should be protected, and shows the relationship between privacy and personal autonomy. He answers former Supreme Court nominee Robert Bork's questions about scope, content, and legal justification for a general right to (...) privacy and pays particular attention to issues involving gays and lesbians. (shrink)

Gay Ethics is an anthology that addresses ethical questions involving key moral issues of today--sexual morality, outing, gay and lesbian marriages, military service, anti-discrimination laws, affirmative action policies, the moral significance of sexual orientation research, and the legacy of homophobia in health care. It focuses on these issues within the social context of the lives of gay men and lesbians and makes evident the ways in which ethics can and should be reclaimed to pursue the moral good for gay men (...) and lesbians. Gay Ethics is a timely book that illustrates the inadequacies of various moral arguments used in regard to homosexuality. This book reaches a new awareness for the standing and treatment of gay men and lesbians in society by moving beyond conventional philosophical analyses that focus exclusively on the morality of specific kinds of sexual acts, the nature of perversion, or the cogency of scientific accounts of the origins of homoeroticism. It raises pertinent questions about the meaning of sexuality for private and public life, civics, and science.Some of the issues covered: Sexual Morality Outing Same-Sex Marriage Military Service Anti-Discrimination Laws Affirmative Action Policy The Scientific Study of Sexual Orientation Bias in Psychoanalysis Homophobia in Health Care Gay Ethics presents a wide range of perspectives but remains united in the common purpose of illuminating moral arguments and social policies as they involve homosexuality. The chapters challenge social oppression in the military, civil rights, and the social conventions observed among gay men and lesbians themselves. This book is applicable to a broad range of academics working in gay and lesbian studies and because of its current content, is of interest to an educated lay public. It will be a standard reference point for future discussion of the matters it addresses. (shrink)

Despite a paucity of psychological research exploring the interface between lesbian and gay issues and human rights, a human rights framework has been widely adopted in debates to gain equality for lesbians and gay men. Given this prominence within political discourse of human rights as a framework for the promotion of positive social change for lesbians and gay men, the aim of this study was to explore the extent to which rights‐based arguments are employed when talking (...) about lesbian and gay issues in a social context. An analysis of six focus group discussions with students showed that when lesbian and gay issues are discussed, rights‐based reasoning is employed intermittently, and in relation to certain issues more so than others. The implications of these findings for moral education aimed at promoting positive social change for lesbians and gay men are discussed. (shrink)

This paper explores conservative Christian demands that religious-based objections to providing services to lesbians and gay men should be accommodated by employers and public bodies. Focusing on a series of court judgments, alongside commentators’ critical accounts, the paper explores the dominant interpretation of the conflict as one involving two groups with deeply held, competing interests, and suggests this interpretation can be understood through a social property framework. The paper explores how religious beliefs and sexual orientation are attachments whose power has (...) been unsettled by equality law. But entangled with this property is another—that held in workers’ labour and public bodies’ resources. Arguing against the drive to balance competing interests, the paper uses social property to illuminate the agonistic character of the stakes. At the same time, it questions property as a normative framework for sexual orientation and religious beliefs. (shrink)

This case note discusses the case of Baczkowski v. Poland in the European Court of Human Rights. The Court ruled that, where an elected mayor makes comments disapproving of homosexuality, and officials subsequently ban a Gay Pride march, then courts may be able to infer that the ban was discriminatory under Article 14 ECHR.

Richard Mohr emphasizes the importance of dispelling false beliefs about lesbians and gay men, and establishing legislation that protects the rights of sexual minorities. He argues that homophobic policies originate in the belief that gay men and lesbians are categorically less morally valuable than others, rather than deserving of unequal treatment because of their behaviors or actions. In response, I show that homophobic panic over lesbian or gay sex acts is actually quite influential, and argue that Mohr fails to (...) take account of the political and philosophical significance of sexual freedom, and the inextricability of sexual being and sexual doing. (shrink)

A Moral Justification for Gay and Lesbian Civil Rights Legislation.

This chapter expresses that radical feminist perspectives on marriage and motherhood are in danger of being lost in the quest for equal rights. For more than a decade, feminist philosophers and lesbian/gay activists have been optimistic about the potentialities of legal marriage and legitimated motherhood. Feminist philosophers are taking as valuable theoretical paradigms for ethics many kinds of caring relationships that have been salient in women's lives. "Family" is itself a family resemblance concept. Apart from the institution of marriage (...) and historical ideals of the family, it is uncertain what characteristics mother‐child relationships would have, for many alternatives are possible. Historically, motherhood has been a core element of patriarchy. Moral philosophy might also be transformed by greater attention to the fact that adult experience and its potentialities are significantly conditioned by the childhoods of adults and of those children's relationships to adults. (shrink)

This paper defends a legal and political conception of sexual relations grounded in Kant’s Doctrine of Right. First, I argue that only a lack of consent can make a sexual deed wrong in the legal sense. Second, I demonstrate why all other legal constraints on sexual practices in a just society are legal constraints on seemingly unrelated public institutions. I explain the way in which the just state acts as a civil guardian for domestic relations and as a civil guarantor (...) for private property and contract relations—and thereby enables the existence of legally enforceable claims. Throughout the aim is to demonstrate that Kant’s relational conception of justice entails that legally enforceable claims regarding sexual deeds are fully justifiable only insofar as they are determined and enforced by a public authority that we may refer to as a liberal democratic welfare state. (shrink)

Children’s movies and animated cartoons today increasingly include homosexual characters, which can be welcomed from an equal-rights perspective. Yet, an intensive public debate has been initiated regarding the (age) appropriateness of such depictions. So far, it is unclear how heterosexual adults react to the presence of gay characters in children’s animated cartoons. Drawing from social identity theory, we conducted an experiment in Germany. Using the Powtoon animation software, we created two versions of a trailer of a fictitious animated cartoon (...) based on two almost identical storylines – one involving a heterosexual couple and the other a lesbian couple. Participants were exposed to only one version. Results of the experiment revealed that adults gave higher age ratings to the version that featured the lesbian couple. Yet, this effect was moderated, with only center- to right-leaning persons being affected. No effects were detected for left-leaning individuals. An exploratory analysis further revealed a moderation effect for individuals who believed in protection myths (i. e., protecting children from exposure to homosexuality), resulting in them giving higher age ratings compared to people who did not believe in protection myths. Implications are discussed, and age-rating measures are proposed for examining reactions to gay characters in communication research. (shrink)

Thomas Riggins responds to Michael Levin's provocative piece on homosexuality (in Issue 10).

Gay marriage highlights a contradiction in American national identity: if gay marriage is supported, the normative status of the heterosexual nuclear family is undermined, while if not, the civil rights of homosexuals are undermined. This essay discusses the feminist dilemma of whether to support gay marriage to promote these individual civil rights or whether to critique marriage as a part of the patriarchal system that oppresses women.

In many ways, the struggle for gay and lesbian rights has come of age, and mainstream politics in the USA shows signs of embracing the votes and monetary contributions of organized gay and lesbian constituents. But the author warns that a movement for sexual liberation pays too high a price when it mimics a conservative language of “family values.” Since the framework of “family” language is implicated in structures of heteronormativity and patriarchy, sexual liberation that plays the “family language” (...) game will be drawn into a narrowing politics of nondiscrimination. Furthermore, argues the author, the right to marry cannot be considered a human right, since it is always bound to local statutes and custom. Therefore, gay and lesbian liberation that seeks truly universalizable principles will do better to not ensnare its struggle in “family values.”. (shrink)

A Gerwithian Framework for Protecting the Basic Human Rights of Lesbian, Gay, Bisexual, and Transgender (LGBT) People.

Lesbian, gay, bisexual, trans and/or queer (LGBTQ) people experience profound health and social care inequalities. Research suggests that staff with negative attitudes towards LGBTQ people, are more likely to hold strong, traditional, religious beliefs. This article reports on a single case study with a newly qualified UK nurse who has since left the National Health Service. This is based on a single interview taken from a larger dataset derived from a funded scoping research study exploring religious freedoms, sexual orientation and (...) gender identity rights in older age care spaces. The interviewee described a toxic nursing culture on a hospital ward for older people. She recounted various incidents involving homophobic and transphobic practice and LGBTQ microaggressions which reportedly impacted the quality of nursing care. The findings are considered in relation to standards for anti-oppressive practice in nursing care, and how nursing students and staff can be supported in addressing practice relating to equality and diversity issues, specifically LGBTQ issues. They confirm the direct significance of addressing the needs and circumstances of LGBTQ people in nursing curricula and ongoing professional practice, and the need to further research, evaluate and progress translation of learning into improved quality care for diverse populations. (shrink)

This article investigates the often cited and dismissed, but rarely examined, relationship between legalizing same-sex marriage and polygamy. Employing a comparative historical analysis of U.S. and South African jurisprudence, ideology, and cultural politics, we examine efforts to expand, restrict, and regulate the gender and number of legally recognized conjugal bonds. South African family jurisprudence grants legal recognition to both same-sex marriage and polygyny, while the United States prohibits and resists both. However, social and material conditions make it easier to practice (...) family diversity in the U.S. than in South Africa. Our analysis of the very different histories of polygamy and same-sex marriage in the two societies suggests the centrality of racial politics to marriage regimes, yielding paradoxical narratives about the implications of legal same-sex marriage for the future of polygamy and sexual democracy. If there is a slippery marital slope, we argue, it does not tilt in a singular or expected direction. (shrink)