Philosophy of Sexual Orientation

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 (...) population, a violation of their right to be heard, and at worse, an incitement to their extinction. The liberal attempt to try to fit the metaphorical round peg of hate speech into the square hole of free speech is impossible without revealing one’s reluctance to endow people of color, the LGBTQ community, women, and other socially oppressed groups as equal and deserving of full human dignity. I start by providing a clear definition of "hate speech", then I remind the reader of the original/historical political intent of the freedom of expression, and finally I illuminate the very real physical, psychological and social consequences of hate speech. (shrink)

Do LGBT+ persons have a moral duty of some form to resist heterosexist oppression by refusing to “cover” (i.e., “to ‘disattend,’ or tone down, their (despised) sexuality in an effort to fit into and be accepted by the mainstream” (Ghosh 2018, 273))? Writing in response to Kenji Yoshino (Yoshino 2002 and 2006), Cyril Ghosh argues that such a duty would itself be oppressive. In this reply to Ghosh’s new book, I wish to argue that while Ghosh demonstrates that Yoshino’s critique (...) of covering suffers some serious defects, his arguments leave open the possibility of a defense of a qualified moral duty on the part of LGBT+ persons to refrain from covering. (shrink)

An academic division of labor resulted from the distinction between sex and gender. Sex remained a productive topic (excuse the pun) for biologists, who are interested in the genetic, developmental, and chemical pathways of male/female dimorphism. People in the social sciences and humanities, by contrast, made gender, not sex, the subject of their work. In gender studies, we learn about the ways that men and women “perform” their respective roles—people of male sex can perform as female gender, and vice versa, (...) by adopting modes of speech, dress, behavior, and even values. There is no talk of innate instincts or brain differences in gender studies. The French philosopher Michel Foucault set the agenda when he lamented, as early as 1976, that “the notion of sex made it possible to group together, in an artificial unity, anatomical elements, biological functions, conducts, sensations, and pleasures, and it enabled one to make use of this fictitious unity as a causal principle.” Following this approach, more-recent theorists like Anne Fausto-Sterling and Judith Butler have argued that even the biological categories of sex are just artificial inventions, designed to keep women and intersexed peoples down. Society, they suggest, decides which of us are males and which are females—pushing everyone into rigid binary categories. -/- There are two main arguments that are usually offered in defense of this controversial thesis that sexual dimorphism is political rather than ontological. One is based on a general critique of knowledge (an epistemological argument), and the other on a specific picture of reality (a metaphysical argument). I will offer counterarguments to both. (shrink)

Many prominent proponents of Old and New Natural Law morally condemn sexual acts between people of the same sex because those acts are incapable of reproduction; they each offer a distinct set of supporting reasons. While some New Natural Law philosophers have begun to distance themselves from this moral condemnation, there are not many similarly ameliorative efforts within Old Natural Law. I argue for the bold conclusion that Old Natural Law philosophers can accept the basic premises of Old Natural Law (...) without also being committed to morally condemning sexual activity between people of the same sex. I develop an argument from analogy that shows how we can draw metaphysically distinct sub‐categories based on someone's capacity to experience the unitive goods of sex. This unitive capacity constitutes the sub‐category and provides a distinct principle for evaluating how members of that sub‐category (X) act as members of that sub‐category, rather than as acting as defective members of another category (Y). Even though my argument is ‘internal’ to Old Natural Law, I conclude by showing how these conclusions can also address some of the objections to same‐sex sex in New Natural Law. (shrink)

Argues that natural law theory provides no credible basis for objecting to the legal recognition of same-sex marriage and offers a two-fold defense of marriage equality: natural-law arguments against marriage equality are unsuccessful; and, even if they are; proponents of new classical natural law theory should still see legally recognizing same-sex marriages as reasonable.

Journal of Social Philosophy, EarlyView.

Legal definitions of rape traditionally required proof of both force and nonconsent. Acknowledging the difficulty of demonstrating the conjunction of force and nonconsent, many feminists argue that rape should be defined based on one element or the other. Instead of debating which of these two best defines the crime of rape, I argue that this framework is problematic, and that both force and nonconsent must be situated in a critique of social power structures. Catharine MacKinnon provides such a critique, and (...) she reframes rape as a matter of gender inequality. However, rather than rejecting the force/nonconsent dichotomy, MacKinnon focuses exclusively on force, which she thinks can be reconceived to include inequalities. Considering the #MeToo movement and feminist efforts to use Title IX to address campus rape, I argue that the concept of consent is more flexible than MacKinnon suggests and that “affirmative consent” can challenge this liberal model. In requiring active communication, affirmative consent shifts responsibility for rape, opens space for women’s sexual agency, and allows for the transformation of rape culture. Thus, I argue that rape should be defined by the use of force, the lack of affirmative consent, or the presence of both elements. (shrink)

This article identifies five genres of anti-queer hate speech found in The Australian’s Facebook comments sections, exposing and analyzing the ways in which such comments are used to derogate cisgender and heterosexual women. One may be tempted to think of cis-het women as third-party victims of queerphobia; however, this article argues that these genres of anti-queer speech are, in fact, misogynistic. Specifically, it argues that these are instances of cis-hetero-misogynistic hate speech. Cis-hetero-misogyny functions as the “law enforcement branch” of a (...) cis-hetero-patriarchal gender order. Given the existence of such an order, it is clear that cis-het women’s liberation is inextricable from queer liberation. This article argues that to facilitate allyship and challenge this gender order—the order that elicits such hate speech acts—we need an epistemological revolution in the way we recognize and re-cognize human difference. (shrink)

In the Winter 2017 edition of JLME, Dr. Carson outlined an economic approach to the epidemiology of HIV transmission within the gay community, with a special emphasis on mobile apps. His conclusion is that HIV transmission amongst the gay community constitutes a collective action problem, which is resolved by the social norm of using a condom. This article critiques Dr. Carson's approach from an economic perspective. By utilizing classic law and economic theory, this article will argue that HIV transmission may (...) not, in fact, constitute a collective action problem in economic terms, and that instead condom use as a method of disease protection in theory can arise from purely rational, market driven actions. To do so, it borrows from transactional theory of information asymmetry to show the potential to alert counterparts as to serostatus. This conclusion provides an important supplement to Carson: rather than social norms being the core driver in condom usage to prevent HIV, instead condom use may arise solely as a result of rational, private decision making arising from market signaling. The article then critiques its own findings to demonstrate that it is unclear whether Carson's argument or the argument in this paper is, indeed, correct — which may represent a limitation in the analytical techniques advanced. (shrink)

Why do people hate one another? Who gets to speak for whom? Why do so many people combat prejudice based on their race, sexual orientation, or disability? What does segregation look like today? Many of us ponder and discuss urgent questions such as these at home, and see them debated in the media, the classroom, and our social media feeds, but many of us don't have access to the important new ways philosophers are thinking about these very issues. Enter UnMute, (...) the popular podcast hosted by Myisha Cherry, which hosts a diverse group of philosophers and explores their cutting-edge work through casual conversation. -/- This book collects 31 of Cherry's lively and timely interviews, offering an accessible resource through which to encounter some of philosophy's most socially and politically engaged, public-facing work. Its original illustrations, depicting the interview subjects up close, show just how broad a range of philosophers--black, white, and brown, male and female, queer and straight, abled and disabled--are at the center of crucial contemporary conversations. Cherry asks philosophers to talk about their ideas in ways that anyone can understand, explaining how they got interested in philosophy, and why the questions they investigate matter urgently. -/- Along with the interviews, the volume provides a foreword by Cornel West, a section in which all the interviewees explain how they got into philosophy, and a "Say What?" glossary defining terms that might be new to some readers. Like the podcast that inspired it, the book welcomes in those new to these philosophical questions, those captivated by questions of race, class, gender, and other issues and looking for a new lens through which to examine them, and those well-versed in public philosophy looking for a one-stop guide. (shrink)

Kant’s comments on sexuality are commonly found to be at best perplexing and at worst extraordinarily unenlightened and morally offensive. In this paper, I start by reconstructing what seems to be Kant’s view on sexuality as well as providing an overview of the main, existing Kantian philosophical responses and alternative proposals to this account. In the last part of the paper, I outline a new Kantian approach to sexuality that overcomes the shortcomings of both Kant’s own and the existing Kantian (...) accounts. (shrink)

ABSTRACTPhilosophical views defending shame as a catalyst for moral virtue are at odds with empirical data indicating that shame often yields psychologically unhealthy responses for those who feel it, and often motivates in them morally worse action than whatever occasioned the initial shame experience. Our interdisciplinary ethnographic study analyzes the shame experiences of lesbian, gay, bisexual, and transgender conservative Christians and the church members who once shamed them but are now allies. In this context, shame, humility, and proper pride work (...) together amid hierarchies of social power to influence peoples’ motivation, ability, or lack thereof to love and care for others. Shame may catalyze virtue, but not where it has been imposed as a chronic disposition. (shrink)

Some authors claim that hate speech plays a key role in perpetuating unjust social hierarchy. One prima facie plausible hypothesis about how this occurs is that hate speech has a pernicious influence on the attitudes of children. Here I argue that this hypothesis has an important part to play in the formulation of an especially robust case for general legal prohibitions on hate speech. If our account of the mechanism via which hate speech effects its harms is built around claims (...) about hate speech’s influence on children, then we will be better placed to acquire evidence that demonstrates the processes posited in our account, and better placed to ascribe responsibility for these harms to individuals who engage in hate speech. I briefly suggest some policy implications that come with developing an account of the harm of hate speech along these lines. (shrink)

Therapeutic reactivity among psychology trainees was ascertained by their response to 10 clinical vignettes depicting clients with HIV who are sexually active with uninformed partners. This construct accounts for the relative change in decisions to maintain the confidentiality of clients who acknowledge safe versus unsafe sexual behavior. As anticipated, an analysis of variance revealed a significant main effect for safety and a significant 3-way interaction. Subsequent analyses revealed that trainees exhibit the highest level of therapeutic reactivity toward heterosexual male clients, (...) and the lowest reactive stance toward heterosexual female clients. Although the decisional pattern evidenced toward heterosexuals seems congruent with epidemiological estimates of risk, the decisions toward lesbians and gay males appear more likely a function of bias. The ethical implications of these findings are discussed. (shrink)

In this paper, I seek to examine three ancient literary couples to discover the nature of their relationships. Specifically, I will argue that Enkidu and Gilgamesh, David and Jonathan, and Achilles and Patroclus each participated in a relationship that went beyond the trope of heroic friendship. I will also examine how previous scholars portrayed these men in an attempt to remove homoeroticism from their mythologies.

This paper analyzes the criminalization and medicalization of homosexuality during the early twentieth century in Canada. Through court records and medical texts the discourse of homosexuality as a threat to the family unit and to the nation is contextualized within Cold War rhetoric. A Foucaultian conceptualization of power and discipline helps frame questions regarding homosexuality as a criminal offense and as a mental illness. It is argued that both state control and societal pressures constructed the homosexual as criminal, the homosexual (...) as mental patient and, as a result, the homosexual as Communist threat. (shrink)

A Moral Justification for Gay and Lesbian Civil Rights Legislation.

Se realizó una investigación cualitativa, entre octubre de 2015 y junio de 2016, en la Casa de Abuelos No. 2 de Santa Clara con el objetivo de caracterizar la representación social de la sexualidad de los adultos mayores. Se seleccionó una muestra de 24 adultos mayores. Se utilizaron técnicas como: observación, entrevista, debate grupal, asociación de palabras, de cuestionamiento del núcleo central y la triangulación de datos. Como resultados se determinó que en la representación de la sexualidad se observó un (...) campo estructurado y un contenido que se aleja de su significado. Se concluyó que la representación social de la sexualidad de los adultos mayores se identificó con las relaciones sexuales, con el acto sexual. Las informaciones que poseen carecen de calidad y denotan un carácter prejuiciado y estereotipado. Manifestaron actitudes de rechazo hacia la sexualidad lo que se explicó por: el desconocimiento, la inadecuada relación entre sexualidad y reproducción, la existencia de prejuicios sociales y asociar el envejecimiento con la enfermedad. With the aim of characterizing the social representation of sexuality in senior citizens, a qualitative research was carried out from October 2015 to June 2016 in Grandparents House No. 2 in Santa Clara City. A sample of 24 people was selected. Methods such as observation, interview, group debate, words association, central core questioning technique and data triangulation were used. It was determined that in the representation of sexuality there is a structured field and a content that goes away from its meaning. Social representation of sexuality in senior citizens was identified with sexual relationships and with sexual intercourse. They lack quality information and show a prejudiced and stereotyped character. They expressed rejection attitudes towards sexuality which were based on: ignorance, inadequate connection between sexuality and reproduction, existence of social prejudice and association of aging with disease. (shrink)

What is at stake in the conversation over same-sex marriage is competing definitions of marriage. -/- One good argument for same-sex marriage depends on a definition that came to prominence after the sexual revolution. A different understanding of marriage was prominent in the nineteenth century, and this shows that Obergefell was wrongly decided, at least as far as Originalist understandings of law are concerned. -/- Accordingly, the nature, purpose, and function of marriage, and what people think of them, are important (...) for understanding the requirements of Constitutional law. -/- The teleology of marriage is a topic philosophers and theologians are well suited to study, and thus philosophy and theology have much to contribute to the study of law and to all the other disciplines interested in marriage. (shrink)

In What is Marriage? One Man and One Woman: A Defense, Sherif Girgis, Ryan Anderson and Robert George defend the ‘conjugal marriage’ while claiming to make no moral judgments about homosexuality. My contention in this article is that the argument of What is Marriage is not sufficiently different from the arguments of classical new natural law theorists, and, therefore, What is Marriage does not remain neutral on the question of whether homosexuality is moral. First, I give an overview of some (...) classical NNLT arguments on the nature of marriage and their sexual ethic. Next, I present What is Marriage's account of conjugal marriage as a comprehensive union of two people, focusing on what makes a genuinely bodily union. I then move to the central contention of this article. By drawing on its understanding of genuinely bodily union and its account of the harm of same-sex marriage, I argue that What is Marriage is committed to the view that same-sex sexual unions cannot be good, since on its account of things there can be no shared sexual goods in a same-sex sexual ‘union’. (shrink)

RESUMEN La sexualidad es parte de la personalidad, la manera de expresarla y vivirla es diferente en cada persona, en tanto, la adolescencia, como etapa del ciclo vital humano, se caracteriza por cambios biológicos, sicológicos y sociales. Se realizó una revisión bibliográfica para profundizar en el estudio de la sexualidad en la adolescencia y las acciones educativas como alternativa de la educación sexual. Se ejecutó una búsqueda en la literatura digital de artículos de investigaciones originales en las bases de datos (...) SciELO Cuba, SciELO Regional, ScienceDirect, ClinicalKey, Cumed, Lilacs, así como los sitios web Organización Panamericana de la Salud, Organización Mundial de la Salud, Fondo de Población de las Naciones Unidas de Cuba, Fondo de las Naciones Unidas. Se concluye que las acciones educativas sobre sexualidad en la adolescencia permitirán a los jóvenes tomar decisiones fundamentadas sobre su sexualidad y su salud, prepararse para la vida y mantener una conducta sexual responsable. ABSTRACT Sexuality is part of personality, the way to express it and live it is different in everyone. Meanwhile, adolescence, as a stage of humans' life, is characterized by biological, psychological and social changes. In order to deepen on the study of sexuality in adolescence and on educational actions as alternatives of sexual education, a bibliographic review was carried out. It was made a digital literature search of articles from original researches in SciELO Cuba, SciELO Regional, ScienceDirect, ClinicalKey, Cumed, Lilacs, as well as the Pan-American Health Organization, the World Health Organization, the United Nations Fund for Population Activities, and the United Nations Fund websites. It was reached the conclusion that educational actions about sexuality in adolescence will allow young people to make conscious decisions about their sexuality and health, prepare for life and maintain a responsible sexual behavior. (shrink)

One hundred and fifty-six adolescents, drawn from a high school in a Midwestern suburb, provided judgments of a hypothetical incident of homophobic harassment with either a male or female victim. Participants also completed a revised version of the Macho Scale, measuring their endorsement of gender stereotypes. Without the interaction term, victim gender was not predictive of judgments of the harassment, however, endorsement of gender stereotypes decreased the odds of believing the behavior was completely wrong = 9.18, p =.00). Once added, (...) the interaction term was the only significant variable in the model, demonstrating that endorsement of gender stereotypes has an effect on judgments of homophobic harassment of male victims, but not female victims = 4.78, p =.03). As more schools invest resources in anti-harassment initiatives, our findings suggest that discussion of gender and gender stereotypes is essential. (shrink)

This research aims to criticize the role of the ASEAN Intergovernmental Commission on Human Rights, that is, the ASEAN’s Human Rights mechanism, in developing protections toward Sexual Orientation, Gender Identity and Expression, especially marriage rights, in this region. Since its formal existence in 2009 via ASEAN member’s ratification, this intergovernmental organization hasn’t provided any programs protecting the human rights of ASEAN peoples. However, Sexual Orientation, Gender Identity and Expression fares much worse because this issue becomes internalized as the particular state’s (...) responsibility, whenever there is an attempt to raise this issue to the international level, by asserting their right to non-interference from AICHR. The biggest constraint for SOGIE is that the state member’s understanding and perception is severely limited by their inability to link SOGIE issues with human rights. Moreover, SOGIE issues are regularly treated as illegal and/or immoral behaviors in many ASEAN states such as Malaysia, Indonesia and Myanmar. These phenomena illustrate that ASEAN state members are still living in the past by interpreting human rights according to the binary dichotomy of the sexes. Hence, Judith Butler’s idea on performativity would be suitable for critiquing this situation. Utilizing a Butlerian lens would show how sex, sexuality and gender is constructed and transformed by society over time. Finally, the study will collect and analyze the data via publications i.e. textbooks, factsheets and journal articles, to support the research’s argument and to represent how states normalize a constructed heterosexuality to the public. (shrink)

abstractIn this article I consider whether the legalization of sex‐same marriage implies a right to incestuous marriage. I begin by suggesting that the liberal state get out of the ‘marriage’ business by leveling down to a universal civil union status. The question is then whether incestuous unions should be both legal and eligible for this status. I argue that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally registered (...) partnerships, are quite weak. The objections to allowing such relations are those from child abuse; unfair burdening of society; and the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first‐degree incestuous sexual relations are inherently bad enough to warrant intervention in their own right. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient. (shrink)

Some have attempted to justify benefit/ cost analysis by appealing to a moral theory that appears to directly ground the technique. This approach is unsuccessful because the moral theory in question is wildly implausible and, even if it were correct, it would probably not endorse the unrestricted use of benefit/ cost analysis. Nevertheless, there is reason to think that a carefully restricted use of benefit/ cost analysis will be justifiable from a wide variety of plausible moral perspectives. From this, it (...) is reasonable to conclude that such use of the technique is probably morally justified and should be acceptable to most people. (shrink)

Discusses Catholic teaching about homosexuality. Explains the philosophical rationale for that teaching. Argues that homosexual activity is wrong, along with all other non-marital sexual activity, because it undermines the goods of marriage.

The conventional interpretation of equality under the law singles out certain groups or classes for constitutional protection: women, racial minorities, and gays and lesbians. The United States Supreme Court calls these groups 'suspect classes'. Laws that discriminate against them are generally unconstitutional. While this is a familiar account of equal protection jurisprudence, this book argues that this approach suffers from hitherto unnoticed normative and political problems. The book elucidates a competing, extant interpretation of equal protection jurisprudence that avoids these problems. (...) The interpretation is not concerned with suspect classes but rather with the kinds of reasons that are already inadmissible as a matter of constitutional law. This alternative approach treats the equal protection clause like any other limit on governmental power, thus allowing the Court to invalidate equality-infringing laws and policies by focusing on their justification rather than the identity group they discriminate against. (shrink)

For many of us, entry into motherhood involves an ambiguous visibility and intelligibility, where our acceptance into mainstream spaces as mothers entails a loss of lesbian difference. Mann explores this loss using the work of two philosophers of lesbian difference, Monique Wittig and Judith Butler. She argues that the figure of the lesbian mother is deployed on a broad cultural scale to reinvigorate and renaturaUze the myth of the happy, natural, heterosexual mother.

Jean-Paul Sartre's questions about anti-Semitism in Anti-Semite and Jew are ones we should want asked about heteronormativity—what causes it, what sustains it, why is so little being done about it, what should be done. Although the parallels between anti-Semitism and heteronormativity are not exact, relevant Sartrian ideas include nationalism, choosing to reason falsely, living in the future, and authenticity. Foremost is Sartre's claim that bigotry is not about ideas but a certain type of personality.

In this essay, Miriam argues for a phenomenological-hermeneutic approach to the radical feminist theory of sex-right and compulsory heterosexuality. Against critics of radical feminism, she argues that when understood from a phenomenological’ hermeneutic perspective, such theory does not foreclose female sexual agency. On the contrary, men's right of sexual access to women and girls is part of our background understanding of heteronormativity, and thus integral to the lived experience of female sexual agency.