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  1. Public Reason Liberalism and Sex-Neutral Marriage.Greg Walker - forthcoming - Ratio Juris.
    This article, forthcoming in the international legal philosophy journal Ratio Juris, responds to an article by Francis J. Beckwith arguing that the consistent application of liberal principles requires that same-sex marriage not be recognised in civil law. This response demonstrates that Beckwith’s article contains a series of interpretative and substantive flaws that render his argument unsuccessful. These relate to a misinterpretation of core liberal principles and a sidestepping of the matter of undue bias against same-sex partners. In correcting these flaws (...)
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  2. Contesting Human Rights: How Religious Freedom Confront Gay Rights and Vice Versa. [REVIEW]Andi Alfian - 2023 - Journal of Humanity and Social Justice 5 (1):16-19.
    One of the issues that caught my attention in the discussion on Religion and Human Rights, which is also an issue that has recently started to be hotly discussed in Indonesia, is the issue of LGBTQ+ minority rights (gay rights). This issue becomes interesting, the issue of gay rights, especially when this issue deals with the Freedom of Religion or Belief (FoRB). As we saw in the discussion of human rights at International, tensions between gay rights and FoRB in several (...)
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  3. Otwarta struktura prawa a ewolucja instytucji prawnych na przykładzie małżeństwa.Bartosz Biskup - 2023 - Archiwum Filozofii Prawa I Filozofii Społecznej 1 (34):18-31.
    Niniejsza praca ma na celu przedstawienie, w jaki sposób Hartowska koncepcja otwartej struktury prawa może posłużyć dla teoretycznej refleksji nad zjawiskiem ewolucji instytucji prawnych. W pierwszej części artykułu zostanie zaprezentowany sposób, w jaki rozumiane jest pojęcie „otwartej struktury”. Jest to presktyprywna interpetacja propozycji Herberta L.A. Harta, zaproponowana pierwotnie przez Briana Bixa, która „zakłada”, a nie „dowodzi” istnienie otwartej struktury. W drugiej części przedstawię, jak otwarta struktura prawa wyjaśnia aktywizm sędziowski bądź zmiany legislacyjne w stosunku do instytucji prawnych na przykładzie instytucji (...)
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  4. Hate Speech as Antithetical to Free Speech: The Real Polarity.Tiffany Elise Montoya - 2023 - Leiden, Netherlands: Brill. Edited by Will Barnes.
    I claim that hate speech is actually antithetical to free speech. Nevertheless, this claim invokes the misconception that one would be jeopardizing free speech due to a phenomenon known as "false polarization" – a “tendency for disputants to overestimate the extent to which they disagree about whatever contested question is at hand.” The real polarity does not lie between hate speech (as protected free speech) vs. censorship. Rather, hate speech is censorship. It is the censorship of entire sectors of the (...)
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  5. Justice Kennedy's Jurisprudence of Dignity: From Sovereign Immunity to Gay Rights.Eric Scarffe - 2023 - American Journal of Legal History 4 (63):359–380.
    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 (...)
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  6. A New Era of Queer Politics? PrEP, Foucauldian Sexual Liberation, and the Overcoming of Homonormativity.Karsten Schubert - 2022 - Body Politics 8 (12):214-261.
    Gay men have been severely affected by the AIDS crisis, and gay subjectivity, sexual ethics, and politics continue to be deeply influenced by HIV to this day. PrEP (Pre-Exposure Prophylaxis) is a new, drug-based HIV prevention technique, that allows disentangling gay sex from its widespread, 40 yearlong association with illness and death. This article explores PrEP's fundamental impact on gay subjectivity, sexual ethics, and politics. It traces the genealogy of gay politics regarding homophobia and HIV stigma, suggesting a new biopolitical (...)
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  7. De-moralizing gay rights: a reply to my critics.Cyril Ghosh - 2021 - Critical Review of International Social and Political Philosophy 24 (7):1091-1099.
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  8. De-Moralizing Gay Rights– an overview.Cyril Ghosh - 2021 - Critical Review of International Social and Political Philosophy 24 (7):1056-1060.
    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 (...)
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  9. How not to Defend Homosexual Equality.Danny Frederick - 2020 - In Against the Philosophical Tide. Yeovil: Critias Publishing. pp. 183-185.
    In ‘Aeon’ magazine, 2 August 2017, Professor Paul Russell maintains that identities such as race, gender and sexual orientation have equal ethical standing because they cannot be discarded and they are not constituted by beliefs, values or practices. We should, he says, resist attempts to present those who identify as gay as making a choice and affirming certain values and practices that they are capable of shedding. However, such identities can be discarded and they are in part constituted by beliefs, (...)
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  10. On Unjust Forms of Marriage. Comments on the Discussion on Discrimination Against Same-Sex Couples.Andrzej Waleszczyński - 2018 - Diametros 56:110-130.
    This article defends the thesis that, in light of the postulates of liberal ethics, it is not possible to put forward universal arguments in support of any form of marriage. The existing forms of marriage should be either deemed unjust or founded on specific arguments recognized within a particular political community and determining the understanding of justice in a particular society. It defends the thesis that the requirement of universality, and consequently of impartiality, is not met, since behind every form (...)
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  11. John Corvino and Maggie Gallagher: Debating Same-Sex Marriage: Oxford University Press, 2012, 281 pp, $16.95 , ISBN: 9780199756315.Matthew Lister - 2015 - Criminal Law and Philosophy 9 (4):727-735.
  12. Review of Corvino and Gallagher, Debating Same-Sex Marriage[REVIEW]Matthew Lister - 2015 - Criminal Law and Philosophy 9 (4):727-735.
    With the recent U.S. Supreme Court cases finding the Defense of Marriage Act unconstitutional and removing impediments to same-sex marriage in California,as well as a number of recent successes in special elections and with legislators inthe U.S. and other countries, we might wonder whether there is still need for a book debating same-sex marriage. Is not the tide of history inevitably movingtowards marriage equality? While that position seems tempting, it is too quick.
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  13. Against withdrawing government and insurance subsidies for ARTs from fertile people, with special reference to lesbian and gay individuals.Timothy F. Murphy - 2015 - Journal of Medical Ethics 41 (5):388-390.
    One way to help ensure the future of human life on the planet is to reduce the total number of people alive, as a hedge against dangers to the environment. One commentator has proposed withdrawing government and insurance subsidies from all fertile people, to help reduce the number of births. Any proposal of this kind does not, however, offer a solution commensurate with current problems of resource use and carbon emissions. Closing off fertility medicine to some people – or even (...)
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  14. Gay Gene: If there is one, is it the last frontier to be crossed by homosexual to find their complete access to every sphere of society?Luis Alexandre Ribeiro Branco - 2014 - Lisboa, Portugal: Verdade na Prática.
    When we think about postmodernism we have to consider its implication in every aspect of society and none would doubt that homosexuality is one of these major implication especially for the contemporary church. The influence of relativism and the paradigm shift in humanity made homosexuality not just acceptable, but in many cases a norm. For a long time the church barricaded herself not only behind her Jewish-christian worldview and theological values, but also behind the absolutes of science that just has (...)
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  15. Are Gay and Lesbian People Fading into the History of Bioethics?Timothy F. Murphy - 2014 - Hastings Center Report 44 (5):s6-s11.
    In many ways, we live in propitious times for gay and lesbian people. In 1996, the Supreme Court struck down Colorado law prohibiting any kind of protected status based on sexual orientation. In 2003, the Supreme Court held that states may not criminalize sexual conduct between consenting adults of the same sex in private, so long as no money changes hands. In 2010, the Congress repealed the “Don't Ask, Don't Tell” policy that excluded openly gay men and lesbians from military (...)
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  16. Ethics, Sexual Orientation, and Choices about Children by Timothy F. Murphy, 2012 Cambridge, MA: MIT Press 200 pp, £18.95 (hb). [REVIEW]David Archard - 2013 - Journal of Applied Philosophy 30 (2):187-189.
  17. O dyskryminacji małżeństw homoseksualnych. Odpowiedź Tomaszowi Sieczkowskiemu.Krzysztof Saja - 2013 - Diametros 37:193–209.
    My paper is a reaction to polemic of Tomasz Sieczkowski "Discrimination nonetheless. A reply to Krzysztof Saja” [ICF "Diametros" (36) 2013] that he wrote against my paper "Discrimination against same-sex couples" [ICF “Diametros" (34) 2012]. The purpose of the paper is to refute Sieczkowski’s objections that rely on wrong interpretation of the structure of my main argument. I will describe the proper course of the reasoning that I have expressed in the first article and undermine the Sieczkowski’s proposal to justify (...)
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  18. Agency, Identity, and Narrative: Making Sense of the Self in Same-Sex Divorce.Elizabeth Victor - 2013 - APA Newsletter on Philosophy and Lesbian, Gay, Bisexual, and Transgender Issues 12 (2):16-19.
    I argue that same-sex divorce presents a different kind of potential constraint to the agency of persons pursuing the dissolution of their marriage; a constraint upon one’s counterstory and the reconstitution of one’s personal identity. The dialectic within the paper mirrors the movements that I have had to make as I have sought to constitute and reconstitute myself throughout my divorce process. Beginning from a juridical perspective, I examine how the constraints on same-sex divorce present constraints on one’s agency that (...)
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  19. Solidarities and tensions: Feminism and transnational LGBTQ politics in Poland.Christian Klesse & Jon Binnie - 2012 - European Journal of Women's Studies 19 (4):444-459.
    This article explores the significance of feminism in transnational activism around LGBTQ protest events, namely equality marches and associated festivals in Kraków, Poznań and Warsaw in Poland. The arguments advanced in this article are based on a multi-method qualitative research project focusing on transnational cooperation in the planning and realization of LGBTQ protest events in Poland, conducted in the years 2008–2009. The authors highlight the decisively coalitional nature of the activist networks around LGBTQ politics in some of the locations studied. (...)
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  20. Closet Doors and Stage Lights.Alice MacLachlan - 2012 - Social Theory and Practice 38 (2):302-332.
    This paper makes an ethical and a conceptual case against any purported duty to come out of the closet. While there are recognizable goods associated with coming out, namely, leading an authentic life and resisting oppression, these goods generate a set of imperfect duties that are defeasible in a wide range of circumstances, and are only sometimes fulfilled by coming out. Second, practices of coming out depend on a ‘lump’ picture of sexuality and on an insufficiently subtle account of responsible (...)
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  21. Complicating Out: The Case of Queer Femmes.Alice MacLachlan & Susanne Sreedhar - 2012 - In Kelby Harrison & Dennis Cooley (eds.), Passing/Out: Sexual Identity Veiled and Revealed. Ashgate. pp. 43-74.
    We take up questions of passing/outing as they arise for those with queer femme identities. We argue that for persons with female-identified bodies and queer, feminine (‘femme’) gender identities, the possibilities above may not exist as distinct options: for example, what it means to ‘pass’ or ‘cover’ is not always distinguishable – conceptually or in practice – from living authentically and resisting heteronormative identification: i.e. the conditions of being ‘out’. In some ways, these conflations privilege queer femmes; in others, femmes (...)
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  22. Sex and Blood: A Deeper Exploration of Discrimination in the FDA Blood Donor Policy.Christopher Fisher & Toby Schonfeld - 2010 - American Journal of Bioethics 10 (2):40-42.
  23. Trans-marriage and the Unacceptability of Same-sex Marriage Restrictions.Loren Cannon - 2009 - Social Philosophy Today 25:75-89.
    This essay analyzes the coherency and reasonableness of legal restrictions against same-sex marriage. The population of focus is transgender individuals and their partners. Focusing on trans-marriage makes clear that the restriction of marriage to one man and one woman is misguided in that the law rests on the assumption that the categories of sex and gender comprise two disjoint, exhaustive, and unambiguous groupings. The primary argument here is not that the restrictions of same-sex marriage are harmful to certain transpersons who (...)
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  24. What is gay and lesbian philosophy?Raja Halwani, Gary Jaeger, James S. Stramel, Richard Nunan, William S. Wilkerson & Timothy F. Murphy - 2008 - Metaphilosophy 39 (4-5):433-471.
    Abstract: This essay explores recent trends and major issues related to gay and lesbian philosophy in ethics (including issues concerning the morality of homosexuality, the natural function of sex, and outing and coming out); religion (covering past and present debates about the status of homosexuality and how biblical and qur'anic passages have been interpreted by both sides of the debate); the law (especially a discussion of the debates surrounding sodomy laws, same-sex marriage and its impact on transsexuals, and whether the (...)
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  25. Dignity and the right to be lesbian or gay.Chris Cuomo - 2007 - Philosophical Studies 132 (1):75 - 85.
    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 (...)
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  26. A Rawlsian argument for extending family-based immigration benefits to same-sex couples.Matthew J. Lister - 2007 - University of Memphis Law Review 37 (Summer):763-764.
    In this paper I argue that anyone who accepts a Rawlsian account of justice should favor granting family-based immigration benefit to same-sex couples. I first provide a brief over-view of the most relevant aspects of Rawls's position, Justice as Fairness. I then explain why family-based immigration benefits are an important topic and one that everyone interested in immigration and justice must consider. I then show how same-sex couples are currently systematically excluded from the benefits that flow from family-based immigration rights. (...)
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  27. May Doctors Refuse Infertility Treatments to Gay Patients?Jacob M. Appel - 2006 - Hastings Center Report 36 (4):20-21.
  28. Swimming Against the Mainstream Gay and Lesbian Agenda.Peg O’Connor - 2006 - Radical Philosophy Today 3:83-89.
    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 (...)
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  29. Equal protection and same-sex marriage.Kory Schaff - 2006 - Journal of Social Philosophy 35 (1):133–147.
    This paper examines constitutional issues concerning same-sex marriage. Although same-sex relations concern broader ethical issues as well, I set these aside to concentrate primarily on legal questions of privacy rights and equal protection. While sexual orientation is neither a suspect classification like race, nor a quasi classification like gender, there are strong reasons why it should trigger heightened scrutiny of legislation using sexuality as a standard of classification. In what follows, I argue that equal-protection doctrine is better suited for including (...)
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  30. Homosexuality and the PIB argument.John Corvino - 2005 - Ethics 115 (3):501-534.
  31. Citizenship or Transgression?: Dilemmas of the US Movement for Lesbian/Gay Rights.Arlene Stein - 2004-01-01 - In Philip Alperson (ed.), Diversity and Community. Blackwell. pp. 129–140.
    This chapter contains section titled: The Conservative Challenge Trouble in Timbertown The Progressive Response Toward a New Language of Sexual Difference.
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  32. “Autonomy, Gay Rights, and Human Self-Fulfillment: An Argument for a Modified Liberalism in Public Education.”.Vincent Samar - 2004 - William and Mary Journal of Women and the Law 10 (2):137-93.
    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 (...)
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  33. A Unique Propensity to Engage in Homosexual Acts.Jami L. Anderson - 2003 - In Race, Gender, and Sexuality: Philosophical Issues of Identity and Justice.
    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 (...)
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  34. Christian batalden Scharen, married in the sight of God: Theology, ethics and church debates over homosexuality. [REVIEW]Per Anderson - 2003 - Journal of Value Inquiry 37 (2):275-279.
  35. Millean liberty and sexual orientation: A discussion of Edward Stein's the mismeasure of desire.C. M. - 2002 - Law and Philosophy 21 (3):317-334.
  36. Legally Wed: Same Sex Marriage and the Constitution. [REVIEW]Joseph Sartorelli - 2002 - Journal of Homosexuality 42:169-177.
    This is a critical review of the book Legally Wed: Same Sex Marriage and the Constitution, by Mark Strasser. It discusses the book as well as legal cases and legal and moral reasoning relevant to deciding against the Constitutionality of prohibitions of same sex marriage. Such prohibitions were operative in states until the 2015 landmark U.S. Supreme Court decision in Obergefell v. Hodges struck them down and upheld a fundamental right to marry for same sex couples.
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  37. Constructing Queer Communities: Marriage, Sex, Death, and Other Fantasies.Morris Kaplan - 2001 - Constellations 8 (1):57-77.
  38. “Gay Rights as a Particular Instantiation of Human Rights.”.Vincent Samar - 2001 - Albany Law Review 64:983-1030.
    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 (...)
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  39. The Gay Rights Movement. New York Times, Twentieth Century in Review.Vincent Joseph Samar (ed.) - 2001 - Chicago: Fitzroy-Dearborn.
    This anthology examines Love's Labours Lost from a variety of perspectives and through a wide range of materials. Selections discuss the play in terms of historical context, dating, and sources; character analysis; comic elements and verbal conceits; evidence of authorship; performance analysis; and feminist interpretations. Alongside theater reviews, production photographs, and critical commentary, the volume also includes essays written by practicing theater artists who have worked on the play. An index by name, literary work, and concept rounds out this valuable (...)
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  40. The Trouble with Normal.Michael Warner - 1999 - The Free Press.
  41. Cheshire Calhoun's Project of Separating Lesbian Theory from Feminist Theory.Ann Ferguson - 1998 - Hypatia 13 (1):214 - 223.
    I support Cheshire Calhoun's argument that there is a distinctive type of sexuality injustice addressed to lesbians and gays, but challenge her definitional strategy regarding the concepts of "lesbian" and "gay" and the "universalistic essentialist" distinction that she draws between patriarchy and compulsory heterosexuality. Finally, I take issue with the political implications of her claim that lesbians' and gays' special oppression stems from our exclusion from the legal prerogatives of marriage and parenthood.
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  42. The Nature of Affirmative Action, Anti-Gay Oppression, and the Alleviation of Enduring Harm.Joseph Sartorelli - 1997 - International Journal of Applied Philosophy 11 (2):23-30.
  43. Book Review: 'A Simple Matter of Justice?' Angelia R Wilson (ed) & 'The Geography of Perversion' by Rudi C Bleys. [REVIEW]Frederick Danny - 1996 - Free Life 25:11-13.
    The authors of the papers in A Simple Matter of Justice? reject something they label “heterosexism.” Their writing is obscure, but it seems they desire a state-regimented conformity, with state-approved roles for gays, for lesbians and for others, with state hand-outs and other privileges for all manner of favoured groups, and with no possibility of anyone indulging in the pleasures of “commercial consumerism.” None of the authors appears concerned with the demand that, provided he/she does not violate anyone’s rights, the (...)
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  44. Gay Ethics: Controversies in Outing, Civil Rights, and Sexual Science.Timothy F. Murphy (ed.) - 1994 - Harrington Park Press.
    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 (...)
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  45. Gay Rights and Affirmative Action.Joseph Sartorelli - 1994 - Journal of Homosexuality 3 (27):179-222.
    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 (...)
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  46. Ruse on Gay Rights and Affirmative Action.Joseph Sartorelli - 1994 - Analysis 54 (2):84 - 91.
    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 (...)
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  47. Gays and Lesbians in the Workforce.Ed Mickens - 1990 - Business Ethics 4 (4):21-23.
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  48. Homosexuality and Nature: happiness and the law at stake.Timothy F. Murphy - 1987 - Journal of Applied Philosophy 4 (2):195-204.
    ABSTRACT In this essay the argument set forth by Michael Levin regarding the abnormality of homosexual behaviour is reviewed and criticized. Against his argument which holds that homosexual behaviour is abnormal because it constitutes an evolutionary aberration, I argue that Levin's and all similarly constructed arguments fail to show that evolutionary origins of sexual behaviour have any significant normative force. I contend that his notion of homosexuality is confused and that he fails to consider alternative methods of how homosexuality might (...)
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  49. The right to lesbian parenthood.M. Kottow - 1984 - Journal of Medical Ethics 10 (1):54-54.
  50. The Politics of Reality: Essays in Feminist Theory.Marilyn Frye - 1983 - Trumansburg, NY: The Crossing Press.
    Politics of Reality includes nine essays that examine sexism, the exploitation of women, the gay rights movement and other topics from a feminist perspective. -/- The essays "The Problem That Has No Name" and "A Note On Anger" have been translated into Spanish by Maria Lugones for circulation in la Asociacion Argentina de Mujeres en Filosofia.
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