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 are antithetical to the spirit of a liberal democratic conception of freedom of movement. I then explore the role of narrative in my self-(re)constitution, as well as the limits of the narrative and counterstories, when the institutional framework of the State fails to acknowledge the change in my State-sanctioned personal relationship. I end by arguing that this view from the law ignores the ways in which we relationally constitute ourselves, and in so doing covers over the harms done to persons that find themselves in a married-yet-not state of limbo. (shrink)

Ought parents, in general, to value being biologically tied to their children? Is it important, in particular, that both parents be biologically tied to their children? I will address these fundamental questions by looking at a fairly new practice within IVF treatments, so-called IVF-with-ROPA ( Reception of Oocytes from Partner ), which allows lesbian couples to „share motherhood‟ with one partner providing the eggs while the other becomes pregnant. I believe that IVF-with-ROPA is, just like other IVF treatments, morally permissible; (...) but here I argue that the increased biological ties which IVF-with-ROPA allows for do not have any particular value beside the satisfaction of a legitimate wish, because there is no intrinsic value in a biological tie between parents and children; further, I argue that equality within parental projects cannot be achieved by redistributing biological ties. (shrink)

The Progressive favors extending the legal institution of marriage so as to include same-sex unions along with heterosexual ones. The Traditionalist opposes such an extension, preferring to retain the legal institution of marriage in its present form. I argue that the Progressive ought to broaden her position, endorsing instead the Liberal case for extending the current institution so as to include polygamous unions as well—for any consideration favoring Progressivism over Traditionalism likewise favors Liberalism over Progressivism. Progressives inclined to resist (...) Liberalism are invited to consider an alternative position: the Libertarian stance that favors instead the ‘disestablishment’ of marriage. (shrink)

The paper argues that same-sex marriage ought to be legalized. The argument is ecumenical and appeals only to basic principles of liberal government. Specifically, the paper argues that if the government is offering an opportunity to one group, then it may not withhold the opportunity from another on the ground that the people receiving it are immoral or that their receipt of the opportunity would spread immoral messages. The only acceptable ground is that the group’s receipt would cause wrongful (...) harm to third-parties that would outweigh the benefits. Same-sex marriage would not do so, and thus it must to be allowed. As part of this argument, the paper addresses the popular stamp-of-approval and defense-of-marriage arguments against same-sex marriage. (shrink)

Recent advances in stem cell research suggest that in the future it may be possible to create eggs and sperm from human stem cells through a process that we term in vitro gametogenesis (IVG). IVG would allow treatment of some currently untreatable forms of infertility. It may also allow same-sex couples to have genetically-related children. For example, cells taken from one man could potentially be used to create an egg, which could then be fertilised using naturally produced sperm from (...) another man to create a genetically-related child with half of its DNA from each of the men. In this chapter, we consider whether this technology could justifiably be denied to same-sex couples if it were made available as a fertility treatment to different-sex couples. We argue that it could not. (shrink)

John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court reinterpreted the traditional rational (...) basis review in terms of liberal neutrality akin to Rawls’s “public reason,” and overturned Proposition 8 and established same-sex marriage. (This reinterpretation was amplified in the 9th Circuit Court’s decision upholding the district court on appeal in Perry v. Brown.) But on its own grounds Perry should have drawn the opposite conclusion. This is because all the available arguments for recognizing same-sex unions as civil marriages stem from controversial comprehensive doctrines about the good, and this violates the ideal of public reason; yet there remains a publicly reasonable argument for traditional marriage, which I sketch here. In the course of my argument I develop Rawls’s politically liberal account of the family by drawing upon work by J. David Velleman and H. L. A. Hart, and discuss the implications of this account for political theory and constitutional law. (shrink)

However liberalism is best understood, liberals typically seek to defend a wide range of liberty. Since same-sex marriage [henceforth: SSM] prohibitions limit the liberty of citizens, there is at least some reason to suppose that they are inconsistent with liberal commitments. But some have argued that it is the recognition of SSM—not its prohibition—that conflicts with liberalism’s commitments. I refer to the thesis that recognition of SSM is illiberal as “The Charge.” As a sympathetic liberal, I take The Charge (...) seriously enough to consider and ultimately reject it. Ultimately, I contend that The Charge is simply misguided and that arguments for it either fail to find support in some liberal principle or else find support from some illiberal principle. (shrink)

Experience clearly suggests that most legal philosophers and ethicists are not surprised to be told that liberal states cannot permissibly prohibit same-sex marriage (henceforth: SSM). It is somewhat less clear just what the appropriate liberal strategy is and should be in defense of this thesis. Rather than try to defend SSM directly, I shall proceed indirectly by arguing that SSM prohibitions are indefensible on liberal grounds. Initially, I shall consider what I take to be the most powerful liberal argument (...) against SSM prohibitions and account for my reservations about it. Then, I shall propose an alternative argument with roots in constitutional law that since SSM prohibitions do not survive liberal scrutiny, they must be rejected. (shrink)

ABSTRACT In recent years, debates on same-sex marriage and the recognition of transwomen as women have been raging. These debates often seem to revolve around the meaning of, respectively, the word ‘marriage’ and ‘woman’. That such debates should take place might be puzzling. It seems that if debates on gay and transgender rights revolve around the meaning of these words, then those in favor of same-sex marriage and of the recognition of transwomen as women have no room left (...) to maneuver. However, prima facie, the pro – and anti-, in both cases, have genuine disagreements over the meaning of these words: though the analyses of revisionary theorists are revisionary, they are analyses. Sally Haslanger and other philosophers in her wake have appealed to an anti-descriptivist externalist view of meaning to provide the conceptual foundations of this practice of revisionary theorizing: revisionary analyses bring to light what, unbeknownst to us, these words mean. In this paper, I argue that a descriptivist externalist view should be preferred instead. My argument rests on the thesis that what is contested in these debates is the meaning of the words ‘marriage’ and ‘women’ as used in the law. (shrink)

This article presents the problem of the family from the Christian perspective and its role in the postmodern society, but also the most serious problems affecting its functionality. As social form, the family is the environment of existence and training ordained by God for man. It has been instituted since the beginning of the creation of the first people, yet by Christ, by the Holy Mystery of Marriage, has been sanctified the union of love between a man and a woman. (...) As time has gone by, under the impulse of the fundamental freedoms and rights specific of man, recognized especially by the modern society, serious abnormalities have appeared, affecting the integrity of the family, such as: sexual immorality as plague of the matrimonial life, divorce, abortion, the so-called “families” of same-sex people. The contemporary man adheres without due consideration to all these, without taking into account their consequences. Certainly, the Christian Orthodox norms bring along with their application the remedy as well, namely life in Christ, which means full humanization. (shrink)

There is an uncanny agreement between the queer rejection of marriage, which resists affirming the legal recognition of same-sex relationships on the grounds that it codifies and normalizes non-heterosexual desire, and the religious objections to gay rights in North America, which oppose legal recognition on the grounds that it compromises the meaning of marriage and family. This article examines the relevance of Kierkegaard’s religious existentialism for the broader queer project of undermining the “normal” and moving beyond identity politics. It (...) offers a religious corrective of heteronormative versions of Christianity, exploring Kierkegaard's import for queer and critical theory. (shrink)

It is widely accepted that valid consent is a necessary condition for permissible sexual activity. Since non-human animals, children, and individuals who are severely cognitively disabled, heavily intoxicated or unconscious, lack the cognitive capacity to give valid consent, this condition explains why it is impermissible to have sex with them. However, contrary to common intuitions, the same condition seems to render it impermissible to have sex with robots, for they too are incapable of consenting to sex due to insufficient (...) cognitive capacitation. This paper explores whether the intuition that non-consensual sex with robots is permissible can be vindicated, whilst preserving valid consent as a general requirement for permissible sexual activity. I develop and evaluate four possible ways to argue that there is a morally significant difference between robots on the one hand, and insufficiently cognitively capacitated humans and non-human animals on the other hand, to substantiate and justify the intuition that it is permissible to have non-consensual sex with the former but not with the latter. (shrink)

In July 2014, the roboticist Ronald Arkin suggested that child sex robots could be used to treat those with paedophilic predilections in the same way that methadone is used to treat heroin addicts. Taking this onboard, it would seem that there is reason to experiment with the regulation of this technology. But most people seem to disagree with this idea, with legal authorities in both the UK and US taking steps to outlaw such devices. In this paper, I subject (...) these different regulatory attitudes to critical scrutiny. In doing so, I make three main contributions to the debate. First, I present a framework for thinking about the regulatory options that we confront when dealing with child sex robots. Second, I argue that there is a prima facie case for restrictive regulation, but that this is contingent on whether Arkin’s hypothesis has a reasonable prospect of being successfully tested. Third, I argue that Arkin’s hypothesis probably does not have a reasonable prospect of being successfully tested. Consequently, we should proceed with utmost caution when it comes to this technology. (shrink)

I argue that the right to sexual satisfaction of severely physically and mentally disabled people and elderly people who suffer from neurodegenerative diseases can be fulfilled by deploying sex robots; this would enable us to satisfy the sexual needs of many who cannot provide for their own sexual satisfaction; without at the same time violating anybody’s right to sexual self-determination. I don’t offer a full-blown moral justification of deploying sex robots in such cases, as not all morally relevant concerns (...) can be addressed here; rather, I put forward a plausible way of fulfilling acute sexual needs without thereby violating anybody’s sexual rights. (shrink)

I Alderdommen (1970) fremsetter Simone de Beauvoir en filosofisk analyse av alderdom og eldre menneskers situa- sjon, og hevder at behandlingen de får er «skandaløs»; samfunnet «returnerer dem som en vare det ikke lenger er bruk for». Hun tilkjennegir et like stort engasjement mot den urett som eldre utsettes for som hun gjør i Det annet kjønn (1949) når det gjelder undertrykkelsen av kvinner. Likevel påstår Beauvoir at alderdommen først og fremst er et problem for mannen, og det har blitt (...) hevdet at Alderdommen er et verk om aldersdiskriminering hvor mannens aldringsprosess gjøres til norm – ikke et feministisk verk på linje med Det annet kjønn. I denne artikkelen argumen- terer Tove Pettersen for at det nettopp er den feministiske filosofien Beauvoir utvikler i Det annet kjønn som ligger til grunn for hennes undersøkelser av undertrykkelse og diskriminering av eldre. I tillegg demonstrerer Beauvoirs omfattende analyse av alderdommen at hverken alder eller kjønn kan studeres uavhengig av hverandre. Alder og kjønn virker sammen, og må ses i lys av den situasjon disse fenomenene fremtrer i hvor også klasse er av stor betydning. Alderdommen kan derfor leses som et verk hvor Beauvoir viser hvordan ulike former for undertrykkelse virker sammen og bidrar til marginalisering og diskriminering av eldre. Nøkkelord: Simone de Beauvoir, Alderdommen, Det annet kjønn, feministisk filosofi, Den andre, aldersdiskriminering, alderisme******* -/- In The Coming of Age (1970), Simone de Beauvoir presents a philosophical analysis of old age and the elderly’s situa- tion, and claims that the treatment they receive is “scandalous”; society ‘returns them as a commodity that is no longer needed.’ She exhibits the same level of commitment regarding the injustice to which the elderly are exposed as she does in The Second Sex (1949) when it comes to the oppression of women. Nevertheless, Beauvoir claims that old age first and foremost is a problem for men, and it has been argued that The Coming of Age is a work on age discrim- ination where the male aging process is made the norm – not a feminist work on par with The Second Sex. In thisarticle, Tove Pettersen argues that it is precisely the feminist philosophy that Beauvoir develops in The Second Sex that enables her to analyze the oppression and discrimination of the elderly. Additionally, Beauvoir's comprehensive analysis of old age demonstrates that neither age nor gender can be studied independently. Age and gender intersect, and must be be seen in light of the situation in which class is of great importance. Thus, The Coming of Age can be read as a work in which Beauvoir shows how different forms of oppression work together and contribute to the mar- ginalization and discrimination of the elderly. Keywords: Simone de Beauvoir, The Coming of Age, The Second Sex, Feminist Philosophy, The Other, Age Discrimination, Ageism. (shrink)

Recent breakthroughs in stem cell differentiation and reprogramming suggest that functional human gametes could soon be created in vitro. While the ethical debate on the uses of in vitro generated gametes (IVG) was originally constrained by the fact that they could be derived only from embryonic stem cell lines, the advent of somatic cell reprogramming, with the possibility to easily derive human induced pluripotent stem cells from any individual, affords now a major leap in the feasibility of IVG derivation and (...) in the scope of their potential applications. In this paper we develop an ethical framework, rooted in recent scientific evidence, to support a robust experimental pipeline that could enable the first-in-human use of IVG. We then apply this framework to the following objectives: (1) a clarification of the genetic parenting options afforded by IVG, along with their ethical underpinnings; (2) a defence of the use of IVG to remedy infertility, broadening their scope to same-sex couples; (3) an assessment of the most far-reaching implications of IVG for multiplex parenting. These include, first, the liberation of parenting roles from the constraints of biological generations in vivo, allowing multiple individuals to engage in genetic parenting together, thus blurring the distinction between biological and social generations. Second, we discuss the conflation of IVG with sequencing technology and its implications for the possibility that prospective parents may choose among a hitherto unprecedented number of potential children. In view of these perspectives, we argue that, contrary to the exhausted paradigm according to which society lags behind science, IVG may represent instead a salient and most visible instance where biotechnological ingenuity could be used in pursuit of social experimentation. (shrink)

In my paper I discuss the argument that the absence of the legal possibility to contract same-sex marriages is discriminatory. I argue that there is no analogy between the legal situation of same-sex couples and African-Americans, women or disabled persons in the nineteenth century. There are important natural differences between same-sex and different-sex couples that are good reasons for the legal disparities between them. The probability of having and raising children is one of them. Therefore, demanding that (...) same-sex couples have rights similar to those that married couples currently have in Poland and justifying that claim by alleged discrimination is neither correct nor fair. (shrink)

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 gay marriages by referring to values such as dignity, freedom and equality. (shrink)

In his essay On Liberty, John Stuart Mill presents the famous harm principle in the following manner: “[…] the sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection. […] The only part of the conduct of anyone, for which he is amenable to society, is that which concerns others. […] Over himself, over his own body and mind, the individual is sovereign.” Hence, there is a (...) distinction between self-regarding and other-regarding acts, and only the latter are subject to moral criticism. However, while all acts are in some way selfregarding, it is not clear if there are any which are exclusively so. There are two additional difficulties. First, the “individual” may not be an individual person; self-determining communities, at least when they have the ability to decide for themselves, are also “individuals” in this sense. Second, it is claimed that groups of acts (activities and practices) have a different kind of justification from single acts. So what are the limits which “others” have in order to protect themselves from what “individuals” (personal or not) do, and what are their rights to do and to protect? If, in the final analysis, protection or defense is a source of justification, what should or must be protected, and why? Where does the demarcation line between self-regarding and other-regarding acts lie? In our age, as in Mill’s, we encounter many situations where such a line is needed, yet is hard to determine or establish. One such example, the case of same-sex marriages, is further explored in this paper. (shrink)

Many theorists have recently observed that the response to the same-sex marriage controversy most congruent with basic liberal principles is neither the retention of the institution of marriage in its present form, nor its extension so as to include same-sex unions along with heterosexual ones, but rather the ‘dis-establishment’ of marriage. Less commonly observed, however, is the fact that there are two competing models for how the state might effect a regime of disestablished marriage. On the one hand, (...) there is a ‘deflationary’ approach, on which the state ceases to confer marital status, but does remain in the status-conferring business. On this approach, the state would still bestow a certain ‘thinner’, more ‘neutral’ legal status – as it does when it creates civil unions, for instance. Call this the ‘Status Model’ of disestablished marriage. On the other hand, there is an ‘eliminativist’ approach, on which the state ceases to confer any sort of status at all – not even the thin or neutral status of ‘civilly-unioned’. There simply are no registered domestic partnerships. What there is, is contract law, and individuals entering into contracts for life-partnership – contractual arrangements which might assume any of a wide variety of forms. Call this the ‘Contract Model’ of disestablished marriage. In this paper, I explore the merits of these competing models. After briefly discussing what it means to speak of ‘disestablishing marriage’, and examining the case for disestablishment, I proceed to consider the advantages and disadvantages of each model. My tentative conclusion is that the Contract Model is the one that best instantiates cardinal liberal virtues. (shrink)

Responding to an article in a previous issue from Matthew B. O’Brien on the impermissibility of same-sex marriage, this reply corrects a misinterpretation of Rawls’s understanding of political liberalism and a misdirected complaint against the jurisprudence of the U.S. federal courts on civil marriage and other matters. In correcting these interpretations, I seek to demonstrate that a publicly reasonable case for same-sex civil marriage is conceivable in line with political liberalism. I conclude the article by arguing that, although (...) the same-sex civil marriage issue is likely to be a matter of controversy for some time in western societies, a proper understanding of the theoretical issues at stake may contribute to a partial de-escalation of the ‘culture wars’ currently surrounding the issue. (shrink)

Opponents of same-sex marriage suggest that legalizing same-sex marriage will start a slide down the "slippery-slope" leading to the legalization of all kinds of salacious family arrangements including polygamy. In this paper, I argue that because previous attempts by liberal political theorists to combat such slippery-slope arguments have been unsuccessful, there are two options left open to political liberals. Either one could embrace polygamy as a logically consistent implication of extending civil liberties to same-sex couples or one (...) could find a new strategy for blocking the slide down the slope. I take the second option arguing that we ought to devise a harm principle for domestic partnerships. Once this principle has been established, it becomes clear that the risk of exploitation for those potentially occupying the multiple side of the marriage is sufficient reason to reject polygamous marriage arrangements. I conclude that, contrary to appearances, holding both (a) same-sex marriage is permissible and (b) polygamous marriage is impermissible is at the same time consistent and consistently liberal. (shrink)

Wendy Laura Belcher has done her cultural work by queering Mother Walatta Petros's life in this one of a kind book. The struggles of Mother Walatta Petros and her nuns and their heirs' reluctance to enunciate same sex desire is brought out well in this book and its review in Prabuddha Bharata which has not missed an issue from 1896 to date. The book under review establishes Mother Walatta Petros as an African proto-feminist. This is a very well researched (...) book. The genre of the gädl too is very well brought out by Belcher and Kleiner. Medievalists offline and online really do not as yet think African indigenous works as worthy of their consideration. Belcher overcame many roadblocks to write something actually worth reading. Because of constraint of space, the book could not be reviewed more expansively. While the book is one of its kind in its domain; it is still an act of colonial interference within Ethiopian realpolitiks of religions. I have mentioned in the review that African Roman Catholic Cardinals like Cardinal Sarah insist on washing his Church's dirty linen in private. Now, the question is, would say, Wendy Laura Belcher and Kleiner have the guts and their publisher too, to write about paedophilia in the various American Churches? Is it not convenient to impute lesbianism to Mother Walatta Petros and shy away from writing about female desire say, within the global Loreto Convents? This reviewer presumes from this book that all convents are dens of female desire: some can be enunciated by white folks; some cannot. The question is: why queer Ethiopian spirituality when Mother Walatta Petros is no longer alive to defend herself? (shrink)

SPANISH: Las parejas del mismo sexo tienen razón cuando dicen que negarles el matrimonio es discriminar contra ellas; pero otorgar el matrimonio a las parejas del mismo sexo sin dar a familias no conyugales los beneficios que el matrimonio provee remediaría la injusticia hacia las primeras sin subsanar la iniquidad hacia las segundas. Crear una sociedad que favorece solo una opción para reconocer las relaciones de serio compromiso no debe ser la meta de un movimiento progresista. -/- ENGLISH: Same-sex (...) couples are right when they say that denying them marriage is discriminating against them; but granting marriage to same-sex couples without giving non-marital families the benefits marriage provides would remedy the injustice towards the former without correcting the iniquity towards the latter. Creating a society that favors only one option to recognize committed relationships should not be the goal of a progressive movement. -/- . (shrink)

ESPAÑOL: Similar a Baehr v. Miike en Hawaii (1993), Goodridge fue la primera decisión de un tribunal supremo estatal en Estados Unidos que concluyó que las parejas del mismo sexo tienen derecho al matrimonio. La traducción contiene los segmentos más importantes de Goodridge. ENGLISH: Similar to Baehr v. Miike in Hawaii (1993), Goodridge was the first time a state Supreme Court in the United States ruled that same-sex couples have the right to marry. The translation (English to Spanish) contains (...) Goodridge’s key passages. (shrink)

The Fellowship of Confessing Anglicans (FCA), whose leaders govern well over half of the 80 million Anglicans worldwide, have put forward ‘a contemporary rule,’ called The Jerusalem Declaration, to guide the Anglican realignment movement. The FCA and its affiliates, e.g. the newly-formed Anglican Church in North America, require assent to the Declaration. To date, there has been little serious appraisal of the Declaration and the status accorded to it. I aim to correct that omission. Unlike ap-praisals in the social media, (...) however, mine grants the FCA’s conservative stand on same-sex unions and homosexual practice. Nevertheless, I argue, the Declaration mischaracterizes the traditional Christian teaching on marriage, binds Anglicans to falsehoods and dubieties in the Thirty-Nine Articles, and adds to the gospel. Two things follow. First, no one—especially no Anglican who identifies herself as con-servative, traditional, orthodox, evangelical, Anglo-catholic or simply concerned with the truth—should assent to the Jerusalem Declaration. Second, since the FCA and its affiliates know that these defects ex-ist in the Declaration, they should fess up to these shortcomings and retract the Declaration’s status as ‘a contemporary rule’ and they should stop requiring assent to it. Anything less constitutes intellectual dis-honesty of a most egregious sort. (shrink)

The religious right often aligns its patriarchal opposition to same-sex marriage with the defence of religious freedom. In this article, I identify resources for confronting such prejudicial religiosity by surveying two predominant feminist approaches to same-sex marriage that are often assumed to be at odds: discourse ethics and queer critical theory. This comparative analysis opens up to view commitments that may not be fully recognizable from within either feminist framework: commitments to ideals of selfhood, to specific conceptions of (...) justice, and to particular definitions of secularism. I conclude by examining the "postsecular" turn in feminism, suggesting that we can see the same-sex marriage debate not in terms of an impasse between differing feminist approaches, but in terms of shared existential and ethical affinities. (shrink)

This article points out: “The combination of men and women in families is irrational.” Men and women are two different “species.” They only require sexual activities from each other, which are considered the less time-consuming activities during their lives. Sex must be treated as an enemy of marriage, due to its inferior and treacherous nature, and should not be included in marriage. Men and women should not live together in a family, since this institution must be understood as a permanent (...) place for all family members and is expected to have a solid structure. The traditional family model is the result of men‟s enslavement of women and the exaggeration of the role of sex. This model creates an overwhelming advantage for men in selecting partners, proposing marriage, and other family activities. This article indicates: (i) The prominent family models existing between the group-marriage period and now are sex-based family models. (ii) Technical and social conditions nowadays require a new and sustainable base for a family. The selected targets in this study are the consanguineous and sworn relationships among same-sex people in case they choose to be heterosexual, (and in turn, among opposite-sex persons when they engage in homosexuality). For example, a family can consist of two blood brothers (or sworn brothers or cousins) with their children, in case they are heterosexual. This family model is named the non-sex based family (NSBF) model, since the sexual needs will be met outside the family. The article also outlines a post-patriarchal society with the presence of NSBFs, and argues that the new model should be seen as an essential development trend of society. (shrink)

US citizens perceive their society to be one of the most diverse and religiously tolerant in the world today. Yet seemingly intractable religious intolerance and moral conflict abound throughout contemporary US public life - from abortion law battles, same-sex marriage, post-9/11 Islamophobia, public school curriculum controversies, to moral and religious dimensions of the Black Lives Matter and Occupy Wall Street movements, and Tea Party populism. Healthy Conflict in Contemporary American Society develops an approach to democratic discourse and coalition-building across (...) deep moral and religious divisions. Drawing on conflict transformation in peace studies, recent American pragmatist thought, and models of agonistic democracy, Jason Springs argues that, in circumstances riven with conflict between strong religious identities and deep moral and political commitments, productive engagement may depend on thinking creatively about how to constructively utilize conflict and intolerance. The result is an approach oriented by the recognition of conflict as a constituent and life-giving feature of social and political relationships. (shrink)

When explaining human actions, people usually focus on a small subset of potential causes. What leads us to prefer certain explanations for valenced actions over others? The present studies indicate that our moral attitudes often predict our explanatory preferences far better than our beliefs about how causally sensitive actions are to features of the actor's environment. Study 1 found that high-prejudice participants were much more likely to endorse non-agential explanations of an erotic same-sex encounter, such as that one of (...) the men endured a stressful event earlier that day. Study 2 manipulated participants' beliefs about how the agent's behavior depended on features of his environment, finding that such beliefs played no clear role in modeling participants' explanatory preferences. This result emerged both with low- and high-prejudice, US and Indian participants, suggesting that these findings probably reflect a species-typical feature of human psychology. Study 3 found that moral attitudes also predicted explanations for a woman's decision to abort her pregnancy (3a) and a person's decision to convert to Islam (3b). Study 4 found that luck in an action's etiology tends to undermine perceptions of blame more readily than perceptions of praise. Finally, Study 5 found that when explaining support for a rival ideology, both Liberals and Conservatives downplay agential causes while emphasizing environmental ones. Taken together, these studies indicate that our explanatory preferences often reflect a powerful tendency to represent agents as possessing virtuous true selves. Consequently, situation-focused explanations often appear salient because people resist attributing negatively valenced actions to the true self. There is a person/situation distinction, but it is normative. (shrink)

This essay aims to clarify the debate over same-sex unions by comparing it to the fourth-century conflict concerning the nature of Jesus Christ. Although some suppose that the council of Nicaea reiterated what Christians had always believed, the Nicene theology championed by Athanasius was a dramatic innovation that only won out through protracted struggle. Similarly, despite the widespread assumption that Christian tradition univocally condemns homosexuality, the concept of sexuality is a nineteenth-century invention with no exact analogue in the ancient (...) world. Neither heterosexuality nor homosexuality is addressed directly in Christian tradition; for this reason, the significance of older authorities for the modern debate is necessarily indirect. The dichotomy between progressive and conservative positions is therefore misguided: it is necessary neither to abandon tradition for the sake of progress nor to oppose innovation for the sake of fidelity. (shrink)

The essay problematizes the incorporation of LGBTI rights promotion into the US and EU foreign policies. First, the paper examines the two actors’ key documents, speeches, and policies devoted to the promotion of LGBTI rights abroad, the similarities and differences between the two actors’ approaches, attending to the tendencies of their evolution and the ongoing development. Second, the article discusses the internal conditions in target countries that are conducive to the success and failure of international support of LGBTI rights. Finally, (...) the study makes a critical overview of the measures that are argued to be necessary to increase the efficiency of LGBTI rights promotion in countries with most negative current trends in and/or poorest records on LGBTI rights. (shrink)

Many Western intellectuals, especially those in humanities and social sciences, think that it can be easily shown that the persistent and massive opposition to same-sex marriage is rationally indefensible and that it is merely a result of prejudice or religious fanaticism. But a more detailed analysis of some of these widely accepted arguments against the conservative position reveals that these arguments are in fact based on logical fallacies and serious distortions of conservative criticisms of homosexual marriage. It is concluded (...) that philosophers ought to resist the pressure of political correctness and that they should approach the debate with a more open mind than before. (shrink)

Increased participation in public affairs by the U.S. Conference of Catholic Bishops during the highly contentious 2012 Presidential election has seemingly brought the traditions of Catholic social teaching and socialism into a high profile conflict. While it is clear that President Obama is not what most academics would consider a “socialist,” modern discourse still presents what I argue is a false dichotomy- one can be either endorse natural law (especially of the Catholic variety) or socialism, but not both. While my (...) goal in this article is to refute the alleged incompatibility, not to determine its historical roots, some speculation about its origin may be illuminating. Recent work on religious identity in the United States suggests that Americans largely identify Christianity with the right wing of the American culture war. Additional research is required to fully grasp where this perception comes from, but one can venture several guesses: the rise of the “Christian Right” in Republican Party politics of the late 1990s and early 2000s, the concept of “social justice” being lampooned by Right-wing talk show hosts, and decades of a Catholic Church that firmly opposed Cold War-era Soviet Communism. The contrast between left-wing and right-wing thought on social issues (same-sex marriage, abortion, etc.) is very well documented and widely discussed. Differences between leftists and natural lawyers on economic issues, however, are more often assumed than argued for. Perhaps this is a matter of “guilt by association,” with those arguing that leftist social policy is at odds with natural law simply assuming that the same must be the case with leftist economic policy as well. Thus, natural law, long tied to Christianity throughout its history, is gratuitously appropriated by right-wing political ideology. Against this claim of incompatibility, I argue that one can rationally hold both socialism and natural law to be true. In his landmark Natural Law and Natural Rights, John Finnis offers what is arguably the twentieth century’s most complete theory of natural law. I will argue that the conception of socialism laid out by G.A. Cohen in hisWhy Not Socialism? is compatible with Finnis’s account of the human goods, and that natural lawyers can therefore reasonably endorse Cohen’s prescription for socialism. (shrink)

The issue of the relation of the sacred to the secular has become paramount in virtually every country in the world. From church-state relations in the US, with the debates around abortion and same-sex marriage, to the vitriolic discussions in France over the veil (hijab) sacred-secular, faith-reason, transcendence-imminence -- impacts every aspect of personal, social, and political life. Indeed, the questions often asked are whether Huntington s, Clash of Civilizations is today s reality? Is clash and conflict inevitable? This (...) volume collects papers from scholars from all around the globe and digs into that question. Do the sacred and the secular necessarily end in conflict? Building on scholars such as Charles Taylor, Hans-Georg Gadamer, Jurgen Habermaus, and John Rawls, as well as the world s great religious traditions, the authors assembled here respond with a nuanced, but resounding, NO. A deeper read demands the possibility, indeed, necessity, of complementarity. It has become ever more urgent to discover the proper and complementary relation between the two so that both can be promoted through mutual collaboration. The deeper implications of the discussion can be perceived in many current global problems: cultural identity, multiculturalism, pluralism, nationalism, economic inequality, race, terrorism, migration, public education, and climate change. The volume unfolds in seven sections: Foundations; Sacred and Secular; Complement or Conflict; Hermeneutics; African traditions; South Asian Traditions; Chinese Traditions; and Islamic Traditions. It is fascinating to observe how the various authors grapple with unfolding the relation of sacred/secular, faith/reason, church-mosque/state, transcendence/imminence. The section on Islam illustrates this. These chapters deal with the thorny, usually misunderstood debate between the scholars and those, westerners refer to as fundamentalists or radicals. In the latter, there is no space left to reason, interpretation, or historical criticism. This ugly divide usually emerges in the hot-button issues like the treatment of women and religion-related terrorism. However, these oversimplifications betray the intellectual roots of Islamic tradition. Here the argument is advanced that there are common and multiple meanings of rationality in the Islamic primary sources and that doctrine, the Qur an, and the Sunnah, open considerable space for the rational and the secular in Islamic teachings. Unknown to most in the West, the grappling within Islam goes on. Moreover, the grappling seems to be heating up in all traditions. We are all called to the discussion. Our globe needs it! (shrink)

I offer an interpretation and defense of John Dewey’s notion of “democratic experiments,” which involve testing moral beliefs through the experience of acting on them on a social scale. Such testing is crucial, I argue, because our social norms and institutions fundamentally shape the relationships through which we develop emotional responses that represent the morally significant concerns of others. Improving those responses therefore depends on deliberate alterations of our social environment. I consider deliberative and activist alternatives and argue that an (...) experimentalist approach better models some prominent cases of social progress, such as the extension of marital rights to same-sex couples. (shrink)

My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First (...) is the theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)

Reviews of studies on sexual orientation reveal that researchers have not developed a clear conceptual definition of sexual orientation and that most researchers have failed to provide a theoretical framework for their studies. While some scholars recognize the conceptual confusion that has plagued the development of a theory of sexual orientation, most researchers study sexual orientation as if it were an immutable, essential nature of an individual without questioning how social context influences categorization. The problem with this approach is that (...) components have been hypothesized to be part of the construct, but there has been no systematic study of how to judge the accuracy of the construct. The present study suggests that, because categories of sexual orientation are socially constructed, the study of sexual orientation would benefit from an understanding of how the ordinary language community defines and categorizes sexual orientation. The purpose of the present study was to test the semantics of various category labels of sexual orientation used in ordinary language. Three hypothesized components of sexual orientation , involving either same-sex or opposite-sex oriented behavior, along with a fourth stimulus condition were manipulated in a 2 x 2 x 2 x 2 factorial design. Subjects were 371 college students who completed a questionnaire in which they were asked to give a one-word description in response to written statements about hypothetical individuals described as male or female who engage in various same- or opposite-sex behavior. Contrary to what was hypothesized, results demonstrate that there were some necessary and sufficient conditions for categorizing sexual orientation. Also contrary to a proto-behavioral hypothesis, the results of the relative strength of the three components in predicting category label indicate that sexual attraction was the strongest predictor, followed by overt sexual behavior, and sexual fantasy, respectively. The most impressive finding was the overwhelming support for the impurity hypothesis in which descriptions with any same-sex oriented behavior appeared to be judged to contaminate the individual's sexual orientation resulting in greater frequencies of responses of "homosexual" compared to other category labels. Finally, as predicted, overt sexual behavior was least predictive of the sexual orientation of females with sexual fantasy being the most predictive. For descriptions of males, sexual attraction was the most important predictor. Provided in the discussion are possible explanations for the current findings, a description of the limitations and implications of the study, and recommendations for future research. (shrink)

This paper examines how adherence to religion impacts attitudes toward homosexuality, in particular same-sex marriage in the United States. The study considers previous, current and future legislation in the United States in the context of these attitudinal belief patterns.

This paper comments on the strategies and goals of a politics of recognition as celebrated by Nancy Nicol’s important documentary coverage of the gay and lesbian movement for family rights in Quebec. While agreeing that ending legal discrimination against lgbt families is important, I suggest that political recognition of same-sex families and their children is a too limited goal for queer families and their allies. Moreover, it is a goal, I argue, that often trades on trades on troublesome assumptions (...) about gender, class, race, age and normative commitments to monogamy as these relate to distinctions between, for example, “fit” and “unfit” parents. (shrink)

Jeremy Williams has argued that if we are committed to a liberal pro-choice stance with regard to selective abortion for disability, we will be unable to justify the prohibition of sex selective abortion. Here, I apply his reasoning to selective abortion based on other traits pregnant women may decide are undesirable. These include susceptibility to disease, level of intelligence, physical appearance, sexual orientation, religious belief and criminality—in fact any traits attributable to some degree to a genetic component. Firstly, I review (...) Williams’ argument, which claims that if a woman is granted the right to abort based on fetal impairment, then by parity of reasoning she should also be granted the right to choose sex selective abortion. I show that these same considerations that entail the permissibility of sex selective abortion are also applicable to genetic selection abortion. I then examine the objections to sex selective abortion that Williams considers and rejects, and show that they also lack force against genetic selection abortion. Finally, I consider some additional objections that might be raised, and conclude that a liberal pro-choice stance on selective abortion for disability entails the permissibility of selective abortion for most genetic traits. (shrink)

Former NAACP chapter head Rachel Dolezal's attempted transition from the white to the black race occasioned heated controversy. Her story gained notoriety at the same time that Caitlyn Jenner graced the cover of Vanity Fair, signaling a growing acceptance of transgender identity. Yet criticisms of Dolezal for misrepresenting her birth race indicate a widespread social perception that it is neither possible nor acceptable to change one's race in the way it might be to change one's sex. Considerations that support (...) transgenderism seem to apply equally to transracialism. Although Dolezal herself may or may not represent a genuine case of a transracial person, her story and the public reaction to it serve helpful illustrative purposes. (shrink)

ESPAÑOL: Traducción de segmentos de los capítulos 1 y 6 del libro de Evan Wolson’s Why Marriage Matters: America, Equality, and Gay People’s Right to Marry. (New York: Simon and Schuster, 2004). ENGLISH: Translation (English to Spanish) of segments from chapters 1 and 6 of Evan Wolfson’s Why Marriage Matters: America, Equality, and Gay People’s Right to Marry. (New York: Simon and Schuster, 2004).

The author starts from the thesis that there is no such thing as a "natural" or "apolitical" economy. The economy is always already political, as it is the economy’s material core of power, control, and its main mechanisms, i.e. exploitation and oppression. It is no less so in the era of neoliberalism, a time in which we witness the divorce between capitalism and democracy. In order to lay the foundations of a different economy, one that is not based on (...) wage labor and the exploitation of human life and nature based on their auto-alienation, but rather on action in accordance with their resources, we need – according the author – to rethink the concept of the state in a non-philosophical and post-capitalist fashion, structurally different from the modern bourgeois state. If the structure originating in the bourgeois state, as conceived by modern humanism, is preserved, it will mean that the determination in the last instance is still the same. In order to arrive at a determination in the last instance of a non-exploitative, non-wage-labor-based social order where the determination is affected by the real, we must first arrive at the generic core of the notion of the modern state. As soon as we determine the generic term of "the state," we can radicalize it by letting it be determined by the effects of the real. The generic notion, isolated from the chôra of the transcendental material that is offered by modern philosophies originating in the Enlightenment, should be used as the minimal transcendental description for the determining effect of the real. (shrink)

We refine a line of feminist criticism of pornography that focuses on pornographic works' pernicious effects. A.W. Eaton argues that inegalitarian pornography should be criticized because it is responsible for its consumers’ adoption of inegalitarian attitudes toward sex in the same way that other fictions are responsible for changes in their consumers’ attitudes. We argue that her argument can be improved with the recognition that different fictions can have different modes of persuasion. This is true of film and television: (...) a satirical movie such as Dr. Strangelove does not morally educate in the same way as a realistic series such as The Wire. We argue that this is also true of pornography: inegalitarian depictions of sex are not invariably responsible for consumers' adoption of inegalitarian attitudes toward sex in reality. Given that pornographic works of different genres may harm in different ways, different feminist criticisms are appropriate for different genres of pornography. (shrink)

This paper makes two essential claims about the nature of shame and shame punishment. I argue that, if we properly understand the nature of shame, that it is sometimes justifiable to shame others in the context of a pluralistic multicultural society. I begin by assessing the accounts of shame provided by Cheshire Calhoun (2004) and Julien Deonna, Raffaele Rodogno, & Fabrice Teroni (2012). I argue that both views have problems. I defend a theory of shame and embarrassment that connects both (...) emotions to “whole-self” properties. Shame and embarrassment, I claim, are products of the same underlying emotion. I distinguish between moralized and nonmoralized shame in order to show when, and how, moral and non-moral shame may be justly deployed. Shame is appropriate, I argue, if and only if it targets malleable moral or non-moral normative imperfections of a person’s ‘whole-self.’ Shame is unjustifiable when it targets durable aspects of a person’s “whole-self.” I conclude by distinguishing shame punishments from guilt punishments and show that my account can explain why it is wrong to shame individuals on account of their race, sex, gender, or body while permitting us to sometimes levy shame and shame punishment against others, even those otherwise immune to moral reasons. (shrink)

If each of the subtypes of autism is defined simply as constituted by a set of symptoms, then the criteria for its observation are straightforward, although, of course, some of those symptoms themselves might be hard to observe definitively. Compare with telling whether or not someone is bleeding: while it might be hard to tell if someone is bleeding internally, we know what it takes to find out, and when we have the right access and instruments we can settle the (...) issue. But matters are not so simple for the autism subtypes. For one thing, how do we settle which symptoms to group together under one heading? One key difference between “autism disorder” and “Asperger’s disorder” is that the former exhibit language delays (sometimes extreme), whereas the latter do not. But is that a sign of genuinely distinct conditions or is that an artifact of the distinct groups of subjects that Leo Kanner and Hans Asperger worked with? And in general, although there are certainly types of behavior that are taken to be indicative of autism, none by itself is taken by diagnosticians to be either necessary or sufficient for a definitive diagnosis for any of the autism subtypes. What is the diagnostician to do? This is not merely an academic issue, as many parents can attest. Are we in a situation, then, that each practitioner has his or her own “pet” signs that are the “real keys” to the diagnosis? That would suggest that the term “autistic” might meet the fate of the outdated term “neurotic,” which turned out to be a pseudo-scientific term for an inexact clumping together of unrelated phenomena. The assumption amongst specialists seems to be that we will reach the point with "autism" that we have with "water": there will be a root essence to autism whose presence or absence settles a diagnosis. If that is to be the case, however, we have to settle the level of application of the concept. Does the term apply to people who exhibit particular behaviors? Or is it possible to exhibit “autistic” behaviors without actually being autistic, because autism is instead a particular feature of the mind (as, for example, in Baron-Cohen’s “impaired theory of mind module” theory, discussed below) which usually but not necessarily has behavioral effects? Or is autism located instead in the brain, perhaps in damage to key areas, which in turn would typically have an effect on modules of the mind? Or perhaps autism is located in genetics or biology, so that some people with damage to the brain caused by accidents so that they exhibit autistic symptoms would not actually be autistic. Conversely, supposing one had an “autistic brain” but showed none of (or not a sufficient number of) the symptoms, would one not be autistic? The assumption is that the genotypes and phenotypes will line up neatly, but if they do not, what happens to the concept “autistic?” (There is an analogy in the philosophy of sex and gender: androgen insensitive individuals tend to self-identify as female and have outward female traits, but have XY chromosomes—should we go with chromosomes or self-identity in assigning sex category?) Finally, the implications for these complications for diagnosis and categorization, with the attendant social and medical implications is discussed. The typical assumption of the medical profession is that autism cannot be “cured.” That assumes that autism is not simply the symptoms. However, at the same time, the tests used to diagnose ASDs work simply from the symptoms (for example, Baron-Cohen’s Sally/Anne test, which ASD children of a certain age almost all fail, but which practically no ASD adult fails). This implies an inherent confusion over the status of the concept. I conclude that attempts to make sense of some true or accurate summary of what it is to be autistic (such as one would find in the DSM) are almost certainly misguided and will vanish into history along with “neurotic.” But as with racial terms, which are similarly shifting and perverse, the term has already passed into the public sphere and will have a lasting and dangerous influence beyond its short scientific shelf-life. (shrink)

The aim of this paper is to evaluate the level of gender bias in Aristotle’s Generation of Animals while exercising due care in the analysis of its arguments. I argue that while the GA theory is clearly sexist, the traditional interpretation fails to diagnose the problem correctly. The traditional interpretation focuses on three main sources of evidence: (1) Aristotle’s claim that the female is, as it were, a “disabled” (πεπηρωμένον) male; (2) the claim at GA IV.3, 767b6-8 that females are (...) a departure from the kind; and (3) Aristotle’s supposed claim at GA IV.3, 768a21-8 that the most ideal outcome of reproduction is a male offspring that perfectly resembles its father. I argue that each of these passages has either been misunderstood or misrepresented by commentators. In none of these places is Aristotle suggesting that females are imperfect members of the species or that they result from the failure to achieve some teleological goal. I defend the view that the GA does not see reproduction as occurring for the sake of producing males; rather, what sex an embryo happens to become is determined entirely by non-teleological forces operating through material necessity. This interpretation is consistent with Aristotle’s view in GA II.5 that females have the same soul as the male (741a7) as well as the argument in Metaphysics X.9 that sexual difference is not part of the species form but is an affection (πάθος) arising from the matter (1058b21-4). While the traditional interpretation has tended to exaggerate the level of sexism in Aristotle’s
developmental biology, the GA is by no means free of gender bias as some recent scholarship has claimed. In the final section of the paper I point to one passage where Aristotle clearly falls back on sexist assumptions in order to answer the difficult question, “Why are animals divided into sexes?”. I argue that this passage in particular poses a serious challenge
to anyone attempting to absolve Aristotle’s developmental biology of the charge of sexism. (shrink)