Philosophy of Sexual Orientation

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)

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)

Why is it that for many people questions of sexual behavior are the quintessential moral questions, while for others they are at the periphery of serious moral inquiry? Such a difference of opinion undoubtedly reflects substantive moral disagreement, but might also reflect different conceptions of what morality is about. Probably it reflects both sorts of differences, and both will receive attention in this article.

Foucault proposes at the end of the first volume of The History of Sexuality to shift the focus of sexual studies from sex-desire to bodies and pleasures. This article seeks to establish what he means by this shift, how he proposes it be made, and what the consequences are for thinking about sexuality together with `sex'. Foucault's shift involves a historiographical claim about the superability of the recent past, and can be read as an effort to relegate the concerns about (...) sexual difference and kinship to the past, and to establish a contemporary field for sexuality that involves bodies without history, pleasures without sex. The article suggests a way around this questionable historiographical assumption and marks a different departure for a Foucauldian study of sexuality. It also seeks to highlight some of the contemporary tensions between feminist and lesbian and gay studies, especially queer studies, in light of this reading of Foucault. (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)

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.

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)

Reviews the book, The mismeasure of desire: The science, theory, and ethics of sexual orientation by Edward Stein . It would hardly be overstating the matter to say that perhaps the single most hotly debated issue in both psychology and contemporary American culture is the nature and origins of human sexual desires. In opposition to the currently more widely accepted thesis that sexual orientation is determined at birth, philosopher and educator Edward Stein argues in this new book that much of (...) what we think we know about the origins of sexual desire is probably misguided and incomplete. Carefully examining a broad range of research on sexual orientation, Stein suggests that many of the most frequently cited findings are deeply flawed—not only methodologically but also in light of certain unquestioned philosophical assumptions and cultural stereotypes. Although the arguments in Stein’s book are more than a little likely to create controversy, and, indeed, some may well be found to be specious, his book is nonetheless a very welcome infusion of thoughtful philosophical and psychological thinking into the all-too-often muddled arena of contemporary academic and political debate. 2012 APA, all rights reserved). (shrink)

This essay uses the recently published expanded record of the Queensberry libel trial to revisit the relationship between the 'literary' and 'sexual' dimensions of the Wilde scandal. The defence was guided by an integrated conception of the links between the two that shaped both the public responses and the legal proceedings, including the criminal prosecution. The conflict between moral literalism and aesthetic indeterminacy not only informed the legal determination of sexual guilt but also was inflected by social class in ways (...) that contributed to the construction of male homosexuality and of the 'literary'. (shrink)