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.

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)

Pregnant women and persons engaging in homosexual practices compose two groups that have been and still are amongst those most severely subjected to coercive restrictions regarding their own bodies. From an historical point of view, it is a recent and rare phenomenon that a woman’s right to abortion and a person’s right to engage in homosexual interactions are recognized. Although most Western liberal states currently do recognize these rights, they are under continuous assault from various political and (...) religious movements. Moreover, though liberal theories of justice typically defend women’s rights to abortion and people’s rights to homosexual activity, these theories often struggle to capture the fundamental ground for these rights. For example, it appears hard for the liberal to say why and when only the woman and not the embryo/fetus has rights and why the right to certain sexual practices is not on par with rights to other preferences. Contemporary liberal theories of justice, therefore, have a hard time identifying what distinguishes questions of abortion and sexual activities from other questions of right and thereby also have difficulty capturing the gravity of the wrongdoing involved in coercively restricting homosexual interactions and abortion as such. I argue that Kant’s theory of justice succeeds on both counts, because it can locate the fundamental ground for these rights in an understanding of the bodily integrity of the person. Just states will neither permit nor outlaw all abortions or sexual interactions, but rather will require all such laws to be reconcilable with the protection of each person’s right to freedom. (shrink)

The book analyses the Indian Supreme Court's jurisprudence on homosexuality, its current approach and how its position has evolved in the past ten years. It critically analyses the Court's landmark judgments and its perception of equality, family, marriage and human rights from an international perspective. With the help of European Court of Human Rights' judgments and international conventions, it compares the legal and social discrimination meted out to the Indian LGBTI community with that in the international arena. From (...) a social anthropological perspective, it demonstrates how gay masculinity, although marginalized, serves as a challenge to patriarchy and hegemonic masculinity. This unique book addresses the lack of in-depth literature on gay masculinity, elaborately narrating and analysing contemporary gay masculinity and emerging gay lifestyles in India and highlighting the latest research on the subject of homosexuality in general and in particular with respect to India. It also discusses several new issues concerning the gay men in India supported by the living law approach put forth by Eugen Ehrlich. (shrink)

This paper defends the view that homosexuality is abnormal and hence undesirable—not because it is immoral or sinful, or because it weakens society or hampers evolutionary development, but for a purely mechanical reason. It is a misuse of bodily parts. Clear empirical sense attaches to the idea of the use of such bodily parts as genitals, the idea that they are for something, and consequently to the idea of their misuse. I argue on grounds involving natural selection that misuse of (...) bodily parts can with high probability be connected to unhappiness. I regard these matters as prolegomena to such policy issues as the rights of homosexuals, the rights of those desiring not to associate with homosexuals, and legislation concerning homosexuality, issues which I shall not discuss systematically here. However, I do in the last section draw a seemingly evident corollary from my view that homosexuality is abnormal and likely to lead to unhappiness. (shrink)

Science and Homosexualities is the first anthology by historians of science to examine European and American scientific research on sexual orientation since the coining of the word "homosexual" almost 150 years ago. This collection is particularly timely given the enormous scientific and popular interest in biological studies of homosexuality, and the importance given such studies in current legal, legislative and cultural debates concerning gay civil rights. However, scientific and popular literature discussing the biology of sexual orientation have been (...) short-sighted in representing it as objective, new scientific work. This volume demonstrates that the quest for the biological "cause" of homosexuality and other sexualities is as old as the term itself. These essays explore the active role experimental subjects played in shaping scientific theories of homosexuality and cultural perceptions of sexuality and sexual identity. Finally this anthology studies the way in which this doctor-patient interaction shaped not only scientific theories of homosexuality, but also cultural perceptions and self-identities as well. Contributors include: Garland E. Allen, Erin G. Carlston, Julian Carter, Alice D. Dreger, Anne Fausto-Sterling, Margaret Gibson, Stephanie Kenen, Hubert Kennedy, Harry Oosterhuis, James Steakley, Richard Pillard, Jennifer Terry. (shrink)

This paper examines the argument that moral approval of homosexuality is analogous to the early church's inclusion of gentiles. The analogy has a long but often overlooked history, dating back to the start of the modern gay-rights movement. It has recently gained greater prominence because of its importance to the Episcopal Church's debate with the wider Anglican Communion. Beginning with the Episcopal Church argument, we see that there are five specific areas most in need of further clarification. In this (...) essay I examine significant uses of the analogy from the prior 25 years to see how effectively they address these five areas. I conclude that the conversation surrounding the Gentile Analogy is the current, best hope for mutual understanding among Christians about homosexuality. However, if the analogy is to advance the Christian conversation, much greater care and precision is needed in its application from traditionalists and revisionists alike. (shrink)

When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on the guarantee of "substantive due process" embodied by the Constitution. But did the court act undemocratically by overriding the rights of the majority of voters in Texas? Scholars often point to such cases as exposing a fundamental tension between the democratic principle of majority rule and the liberal concern to protect individual rights. Democratic Rights (...) challenges this view by showing that, in fact, democracy demands many of these rights. Corey Brettschneider argues that ideal democracy is comprised of three core values--political autonomy, equality of interests, and reciprocity--with both procedural and substantive implications. These values entitle citizens not only to procedural rights of participation but also to substantive rights that a "pure procedural" democracy might not protect. What are often seen as distinctly liberal substantive rights to privacy, property, and welfare can, then, be understood within what Brettschneider terms a "value theory of democracy." Drawing on the work of John Rawls and deliberative democrats such as Jürgen Habermas, he demonstrates that such rights are essential components of--rather than constraints on--an ideal democracy. Thus, while defenders of the democratic ideal rightly seek the power of all to participate, they should also demand the rights that are the substance of self-government. (shrink)

Domestic courts are often quoting foreign case law on human rights. The conversation pursued through cross-referencing across jurisdictions has added to the globalization of international human rights standards. As the practice is gaining ground and becoming a more permanent feature of domestic judgments, its relevance needs to be examined. A closer look at the practice will bring forth a more realistic understanding of the approaches of domestic courts and the advantages which they offer to the institution. This paper (...) raises few questions on the value and influence of cross-referencing in the area of human rights. Questions in this regard can be posed as to (a) whether cross-referencing is reflective of an emerging consensus on the subject matter? (b) Is it strategic for domestic courts to quote foreign case law? (c) Is the practice of cross-referencing simply a trend or an urge to belong to a community of courts? (d) Is the practice of relevance towards the implementation and advancement of international human rights standards? The topic can shed light on broader themes including the universality of human rights, contestations/disagreements over human rights standards, and the measure of acceptability of international human rights standards within domestic settings. This paper discusses the practice, its role and influence in relation to international human rights standards. Three judgments [of the courts of Nepal, India and Singapore] addressing the human rights and homosexuality agenda have been illustrated for discussion. (shrink)

Foreword by Robert H. Bork -- Culture wars -- A distorted understanding of rights -- The right to privacy -- Griswold and contraception -- Roe and abortion -- Assisted suicide and homosexuality -- Political connections and natural consequences.

What rights govern heterosexual and homosexual behaviors? Two distinguished philosophers debate this important issue in Sexual Orientation and Human Rights. Laurence M. Thomas argues that a society which has the constitutional resources to protect hate groups can protect homosexuals without valorizing the homosexual life-style. He defends the view that the Bible cannot warrant the venom that, in the name of religion, is often expressed against homosexuals. Michael E. Levin defends the unorthodox view that the aversion some (...) people experience toward homosexuality deserves respect. He further argues that while homosexuals enjoy the same rights as others to be free of violence and discrimination, they do not have more extensive rights. (shrink)

Just fifteen years ago, the common non-religious consensus was that homosexual acts were immoral. Within one decade, however, this consensus waned. The secular majority no longer held, as they previously did, that such actions are morally bad. What explains this sudden change? One explanation is that many conservatives lacked adequate philosophical tools to explain the foundations of the earlier historical consensus. Another is that modern research has shown that there never existed any solid philosophical grounds for calling such actions (...) immoral in the first place. This book questions the latter narrative; for prior to this book no exhaustive historical treatment of philosophical thought on the moral question of homosexual acts existed. Both liberals and conservatives failed to research adequately the long history of thought on this issue. The current author not only argues that the earlier non-religious philosophical consensus has largely been ignored, but that the proliferation of arguments in favor of acting on homosexual inclinations reveal a strong desire to justify what isn't possible to justify morally. The non-religious arguments of the great philosopher Thomas Aquinas are then examined; they reveal that his reasoning can soundly show that acting on homosexual inclinations is morally wrong, and also that the same argument rightly entails that every untruthful assertive speech act is morally problematic. If conservatives wish to be consistent, they ought to reject lying too. And if liberals expect conservatives to believe that what they preach is true, then they ought to stand with Aquinas and reject all lying as intrinsically evil. (shrink)

After stating "I am gay" Navy Lieutenant Paul G. Thomasson was honorably discharged from the military. In Thomasson v. Perry (1996), the United States Court of Appeals for the Fourth District affirmed Thomasson's discharge. Thomasson is now considered the leading case evaluating the U.S. military's "don't ask, don't tell" policy. In this paper, I show that the court's analysis of the Department of Defense policy rests of two unarticulated and undefended assumptions about sexuality. The first is that an act of (...) sex is essentially defined in terms of the sexual orientation of the persons engaging in that act. The second is that whether or not a person is an open homosexual determines the essential nature of the homosexual acts of others. I conclude that both assumptions are untenable, therefore the "don't ask, don't tell" policy is indefensible. (shrink)

In Justice for People on the Move (2020), Gillian Brock argues that immigration bans targeting religions run afoul of international human rights agreements and practices concerning equal protection under the law, freedom of conscience, and freedom of religion. Religion-targeted bans are also said to violate ethical requirements for legitimacy by not treating immigration applicants fairly and signalling the acceptability of hatred and intolerance. Brock centres her discussion around the example of the Trump administration’s 2017 Muslim ban, for which she (...) notes additional problems such as the ban’s being motivated by dubious empirical assumptions about the risk of terrorism. I raise two challenges for Brock’s argument. I begin by asking whether banning the immigration of individuals from certain Muslim majority countries could be justified on the grounds that a large portion of the population in those countries appear to reject core liberal values such as the equal rights of women and homosexuals. This leads to my primary challenge, which concerns the practice of treating religion as a morally protected category such that discrimination based on religion is inherently impermissible. I argue that religions should be viewed as more akin to political ideologies than to morally arbitrary categories like race and sex, and that if a given religion is genuinely harmful to liberal values, an immigration ban could in principle be compatible with respect for human rights. (shrink)

In this essay, the author describes how he faced institutionalized homophobia during his psychiatric training, and how he later wrote a play inspired by the life of a gay psychiatrist. Despite Freud’s supportive stance, homosexuality aroused the antipathy of American organized psychiatry and psychoanalysis and came to be listed as an illness in the Diagnostic and Statistical Manual. Dr. John E. Fryer outed himself as “Dr. H Anonymous” at a 1972 meeting of the American Psychiatric Association, and the next year (...) homosexuality was removed from the DSM. The 2014 play Doctor Anonymous offers a fictionalized account of this watershed moment in the history of the gay rights movement. The author discusses his own psychotherapeutic work with gay male patients, including those who had previously been treated with conversion therapy, and explores how the play mirrors his own life experience and the experience of his patients. (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 this paper, I verify whether the Brazilian courts’ juridical discourse has any argument in favour of the equal right to marriage of the homosexuals. The jurisprudence is an outstanding place of analysis because we can know the way the courts interpret and apply the norms; it is also a place for the creation of an influent juridical discourse about the homosexual family rights. I identify as well the arguments for and against extending the family status to the (...) homosexual couples, and analyse if in these arguments there is any gender and sexuality stereotype. (shrink)

Dillon, John Opponents of equal rights for homosexual people, particularly regarding same-sex marriage, predicate their opposition on ignorant misconceptions of human biology, and unsupportable reliance on religious precepts. Let's discuss this matter.

The author argues that the minority homosexual section of our population--a larger minority than, for example, the ethnic minorities section--is more often than not excluded by the 'helping professions' from the right to be parents. The author appeals to the lack of scientific data supporting such exclusion and asks that homosexual parents and their children receive the same care from our institutions as other parents and children. Some instances of lack of care are cited. The paper was presented (...) to the 1983 annual conference of the London Medical Group, 'Human Rights in Medicine'. (shrink)

This book is an eye-opening account of transnational advocacy, not by environmental and rights groups, but by conservative activists. Mobilizing around diverse issues, these networks challenge progressive foes across borders and within institutions. In these globalized battles, opponents struggle as much to advance their own causes as to destroy their rivals. Deploying exclusionary strategies, negative tactics and dissuasive ideas, they aim both to make and unmake policy. In this work, Clifford Bob chronicles combat over homosexuality and gun control in (...) the UN, the Americas, Europe and elsewhere. He investigates the 'Baptist-burqa' network of conservative believers attacking gay rights, and the global gun coalition blasting efforts to control firearms. Bob draws critical conclusions about norms, activists and institutions, and his broad findings extend beyond the culture wars. They will change how campaigners fight, scholars study policy wars, and all of us think about global politics. (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)

Addresses the current arguments about homosexuality and suggests solutions.

The aim of this study is to investigate the necessity of revising the Ethics Code of the Psychology and Counseling Organization of the Islamic Republic of Iran with respect to people’s rights and dignity and to avoid unfair discriminations toward sexual orientation and gender identity. It is said that confused diagnoses; wrong decision making; unethical practice; and the subsequent harm caused to lesbian, gay, bisexual, and transgender clients result from the lack of a clear code and relevant guidelines. In (...) addition, certain conditions in Iran lead professional psychologists and researchers to avoid researching sexual minorities and gender identity, which negatively impacts the Ethics Code of the PCOIRI. Iranian and Western researchers have identified four primary sources to which psychologists and counselors can refer when faced with ethical dilemmas: developmental psychology, professional ethics codes, philosophy of psychology literature, and available researches and compilations on professional ethics. Finally it is suggested that, when dealing with homosexual clients and the related ethical dilemmas, Iranian psychologists and counselors need clear and specific guidelines and a professional ethics code developed from more appropriate reference points than legal and religious sources. (shrink)

This article traces opposition to women's contraceptive rights moving from the role of St Augustine and Thomas Aquinas to the modern day role of the Vatican. Traditional views of women and sexuality have been challenged by modern feminism but Catholicism is still pursuing a global crusade against abortion, birth control, and redefinitions of the family that might include homosexual couples. This means opposing sex education curricula and opposition to state funding for family planning assistance. But the Catholic crusades (...) against women's reproductive rights have generated rebellion among some Catholics worldwide. This is led by Catholics for a Free Choice and the SeeChange campaign. (shrink)

Many lesbians and gay men apply for asylum in the U.K. each year on the basis that they fear persecution in their home country because of their sexual orientation. The legal basis for claiming asylum on the ground of sexual identity is now well established. Nevertheless, making these claims remains very difficult for applicants. Western cultural expectations around sexual identity often mix with homophobic assumptions about sexual behaviour to present applicants as “not sufficiently gay”. Furthermore, applicants may not initially disclose (...) their sexual identity to legal advisors, leading to assumptions that they are not “telling the truth” to the Immigration Tribunal. In this article, Barry O’Leary, a solicitor and legal activist on behalf of lesbian and gay refugees, discusses these problems and how U.K.-based asylum lawyers have attempted to work round them. (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)

The author discusses prevalent social problems such as artificial insemination, abortion, euthanasia, suicide, capital punishment, contraception, sterilization and homosexuality. He examines and evaluates the current attitudes and conflicting positions that society, the law, the state, religion and individuals hold regarding these issues.

In this late story, Truman Capote celebrates a peculiar form of object relations to expand definitions of sexuality beyond conventional identity categories and thus suggest a more expansive model of social inclusion and civil rights. Building on work in animal studies, queer theory, and the new materialities, I argue that the literalism of these object relations decenters the human and reimagines a wider ethics of belonging. The story describes an elderly widow who keeps all of her deceased cats in (...) a freezer because she cannot bear to be parted from them. Although the story prepares us to expect that the frozen cats could be symbols or surrogates for her dead husband, it becomes clear that she loves her cats literally as cats and nothing more. Capote pushes us to acknowledge and accept this love for her cats just as it is. And by doing so, he invites us to imagine a more hospitable world in which we accommodate other kinds of object-choice beyond the confines of heterosexual marriage, including but certainly not limited to his own homosexuality. (shrink)

Recent years have illustrated how the reproductive realm is continuously drawing the attention of medical and legal experts worldwide. The availability of technological services to facilitate reproduction has led to serious concerns over the right to reproduce, which no longer is determined as a private/personal matter. The growing technological options do implicate fundamental questions about human dignity and social welfare. There has been an increased demand for determining (a) the rights of prisoners, unmarried and homosexuals to such services, (b) (...) concerns over child’s information and health needs, (c) claims for wrongful birth and wrongful life, (d) the role of donors and physicians, (e) posthumous reproduction etc. In addition, the role of national and international law has been emphasized for an efficient system of functioning and delivery. This paper is an attempt to explore the pressing claims to reproductive choices, coupled with a marked increase in demand for legislative intervention in India. (shrink)

This paper argues that current iterations of lesbian, gay, bisexual, transgender and intersex rights are limited by an overreliance on particular representations of sexuality, in which homosexuality is defined negatively through a binary of homosexual/heterosexual. The limits of these representations are explored in order to unpick the possibility of engaging in a form of sexuality politics that is grounded in difference rather than in sameness or opposition. The paper seeks to respond to Braidotti’s call for an “affirmative politics” (...) that is open to forms of creative, future-oriented action and that might serve to answer some of the more common criticisms of current LGBTI rights activism. (shrink)

Past and future coalesce in discussions of LGBTI rights, often embedded in narratives of progress, civilisation, colonisation and emancipation. An understanding of these dynamics can help to illuminate the complex power relations that currently striate international LGBTI rights discourses. This paper analyses how temporality operates in the context of international LGBTI rights through an examination of the World Bank’s withdrawal of a $90 million loan to Uganda after the passage of the Anti-Homosexuality Act 2014. To do this, (...) the paper juxtaposes postcolonial critiques of the ongoing international legal reproduction of the colonial encounter, with a Deleuzian conception of law’s ‘virtual memory’. These two theoretical lenses are used to show how attempts to advance LGBTI rights can reproduce problematic civilisational binaries, through which the Global North seeks to manage the unruly or ‘uncivilized’ Global South. These civilisational and spatial dichotomies are often obscured by un-interrogated ‘grand narratives’ of progress and by the codification of specific, narrow forms of rights protections. As such, the paper argues that in order to better advance current and future frameworks for sexual orientation and gender identity justice, we must undertake a more attentive encounter with the past. (shrink)

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)

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)

The progress of lesbian, gay, bisexual, transsexual, and queer rights entails the erosion of prejudice, and erosion is a slow process. Much press accrues to the dramatic advancement of gay marriage, but that progress reflects decades of committed activism that antedate the sea change. Social science, physical science, politics, philosophy, religion, and innumerable other fields have bearing on the emergence of healthy LGBTQ identities. The field of bioethics is implicated both in revolutionizing attitudes and in determining how best to (...) utilize such ameliorated positions. For decades, the debate around homosexuality has centered on whether it is a choice or an inherent quality. A growing segment of the population believes that gay people are “made that way” and therefore do not deserve to be treated with the prejudice they might warrant if they had simply elected what others resisted. In effect, they are like disabled people, who can't help the challenges they face, and unlike murderers, who could choose not to kill.Anti‐gay arguments tend to hinge on a view of gayness as a behavior; the liberatory ones, on gayness as an identity. A behavior can be avoided; an identity is integral and therefore warrants acceptance—or even celebration. People have a right to their identities, even if they have the capacity to act out other, different identities. Bioethics is the field in which this distinction between gay acts and a gay self may be argued most directly. (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.

This article examines a recent judgment by the European Court of Human Rights that upheld the complaint of a homosexual woman who alleged that her application for authorization to adopt a child had been refused by domestic French authorities on the grounds of her sexual orientation. I argue that the judgment constitutes an innovative and atypical legal consideration of, and challenge to, the heteronormative social relations of contemporary European societies. After exploring the evidence presented by the applicant, and (...) the Court’s interpretation of it, I argue that in order to reach its judgment it was necessary for the Court to make a significant departure from its established jurisprudence in relation to sexual orientation. An essential element of this involved the adoption of a distinctive critical approach, strongly resonant with aspects of ‘queer theory’, which focused attention on the social, cultural and political construction of normative heterosexuality. Whilst a number of commentators have assessed the importance of the judgment in terms of its evolution of ‘gay rights’ in the area of family life, I argue that the Court’s reconceptualized ‘theoretical’ understanding of, and critical approach to, heteronormativity offers the potential to expand the scope of the European Convention on Human Rights across a number of areas of social life—in marriage, public assembly, freedom of expression, as well as family life—where non-heterosexuals continue to face discrimination in contemporary Europe. (shrink)