Three arguments summarize opposition to laws protecting LGBTQ+ persons from discrimination: (1) The pseudo-democratic argument (social change should be free of governmental coercion); (2) The clinical argument (homosexuality is an illness); (3) The choice argument (homosexuality is a choice). My purpose is to show the three are vulnerable to damaging objections. This article reflects conditions as they were in 1987 in the USA. For example, the expression LGBTQ+ had not been coined. My use of "gays and lesbians," then believed to (...) be inclusive, excluded a lot of people. (shrink)

One of the issues that caught my attention in the discussion on Religion and Human Rights, which is also an issue that has recently started to be hotly discussed in Indonesia, is the issue of LGBTQ+ minority rights (gay rights). This issue becomes interesting, the issue of gay rights, especially when this issue deals with the Freedom of Religion or Belief (FoRB). As we saw in the discussion of human rights at International, tensions between gay (...) rights and FoRB in several countries have their own characteristics. For example, in Indonesia, recently, the movement for defenders of the FoRB has begun to bloom, and, I observe, there is a tendency to include minority groups such as indigenous people, including LGBTQ+ people (gay rights), into their circle of struggle. The question is, how do religious freedom rights (FoRB) deal with gay rights? Or conversely, how do gay rights deal with religious freedom? In that context, this book becomes relevant to discuss. This book provides each author’s many different moral arguments and philosophical commitments. (shrink)

This paper defends a legal and political conception of sexual relations grounded in Kant’s Doctrine of Right. First, I argue that only a lack of consent can make a sexual deed wrong in the legal sense. Second, I demonstrate why all other legal constraints on sexual practices in a just society are legal constraints on seemingly unrelated public institutions. I explain the way in which the just state acts as a civil guardian for domestic relations and as a civil guarantor (...) for private property and contract relations—and thereby enables the existence of legally enforceable claims. Throughout the aim is to demonstrate that Kant’s relational conception of justice entails that legally enforceable claims regarding sexual deeds are fully justifiable only insofar as they are determined and enforced by a public authority that we may refer to as a liberal democratic welfare state. (shrink)

The endurance of depression, anxiety and suicidal ideation among gay and bisexual men persists despite advances in civil rights and wider social acceptance. While minority stress theory provides a framework for much scholarly debate as to the causes of mental distress among non-heterosexual men, there is a growing interest into the detrimental effects that competitiveness within the gay community itself can have. Past studies have celebrated involvement in gay culture as being associated with better mental health outcomes by tempering (...) the impact of hegemonic heteronormativity. Yet between non-heterosexual men and the general population, there are stark mental health inequalities that require investigation. As a means of proving manhood, men in general are predisposed toward competitiveness and risk, but within a subculture where the attention is exclusively on male sex, the focus is primarily status conscious. This article draws on minority stress theory to consider societal discrimination. It also applies inter-minority gay community stress theory to explore pressures emanating from gay spaces with fixations on masculinity, income and rivalry as major sources of mental health problems in gay and bisexual men. The causes for health disparities illustrated in this article, demonstrate a critical need for public health and social care organizations to respond with innovatory services, based on a firm understanding of stressors arising from interactions between men in gay spaces. (shrink)

The endurance of depression, anxiety and suicidal ideation among gay and bisexual men persists despite advances in civil rights and wider social acceptance. While minority stress theory provides a framework for much scholarly debate as to the causes of mental distress among non-heterosexual men, there is a growing interest into the detrimental effects that competitiveness within the gay community itself can have. Past studies have celebrated involvement in gay culture as being associated with better mental health outcomes by tempering (...) the impact of hegemonic heteronormativity. Yet between non-heterosexual men and the general population, there are stark mental health inequalities that require investigation. As a means of proving manhood, men in general are predisposed toward competitiveness and risk, but within a subculture where the attention is exclusively on male sex, the focus is primarily status conscious. This article draws on minority stress theory to consider societal discrimination. It also applies inter-minority gay community stress theory to explore pressures emanating from gay spaces with fixations on masculinity, income and rivalry as major sources of mental health problems in gay and bisexual men. The causes for health disparities illustrated in this article, demonstrate a critical need for public health and social care organizations to respond with innovatory services, based on a firm understanding of stressors arising from interactions between men in gay spaces. -/- . (shrink)

Feelings of marginalisation impact the lives of LGBT+ people in a fundamental way, but for those who have an intellectual disability, and are gay, there is a heightened sense of alienation. This article examines the unique oppression faced by these individuals in a heteronormative and ableist world, where a long history of extreme control of sexual intimacy has resulted in harsh forms of social exclusion. Although moves have been made to empower service users who are intellectually disabled and identify as (...) LGBT+ to participate fully in life, there is also a need to assess the relationship between rights, responsibility, and risk. This article further explores whether by drawing upon government social policy, barriers are being dismantled through the development of innovative local strategies that aim to deliver non-discriminatory person-centred services. (shrink)

The data analyzed in this paper are part of the results described in Bueno et al. (2000). Three cytogenetics endpoints were analyzed in three populations of a species of wild rodent – Akodon montensis – living in an industrial, an agricultural, and a preservation area at the Itajaí Valley, State of Santa Catarina, Brazil. The polychromatic/normochromatic ratio, the mitotic index, and the frequency of micronucleated polychromatic erythrocites were used in an attempt to establish a genotoxic profile of each area. It (...) was assumed that the three populations were in the same conditions with respect to the influence of confounding factors such as animal age, health, nutrition status, presence of pathogens, and intra- and inter-populational genetic variability. Therefore, any differences found in the endpoints analyzed could be attributed to the external agents present in each area. The statistical models used in this paper are mixtures of negative-binomials and Poisson variables. The Poisson variables are used as approximations of binomials for rare events. The mixing distributions are beta densities. The statistical analyzes are under the bayesian perspective, as opposed to the frequentist ones often considered in the literature, as for instance in Bueno et al. (2000). (shrink)

Lesbian organizations have frequently cited the concept of a Lesbian Nation as an ideal community where women could be freed from the oppression of relationships with men. The term was used in speeches made by lesbian activists beginning in the 1970s. However, lesbian militant activities have increasingly merged with the overall gay civil rights movement, so that most activists have preferred to use the term Queer Nation to refer to the movement in general.

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

This paper examines MacKinnon’s claims about the relationship of rights to privacy and equality in light of the reasoning in Harris and Bowers. When we contrast the Majority and Minority decisions in these cases, it shows, we can distinguish interpretations of the right to privacy that are consistent with sexual equality from those that are not. This is not simply because the two differ in their consequences – though they do - but because the former, unlike the latter, rely (...) on empirical and normative assumptions that would justify sexual inequality whatever right they were used to interpret. So while I agree with MacKinnon that the Majority’s interpretation of the right to privacy in Harris is inconsistent with the equality of men and women, I show that there is no inherent inconsistency in valuing both privacy and equality, and no reason why we must chose to protect the one, rather than the other. Indeed, an examination of MacKinnon’s article, I suggest, can help us to see why rights to privacy can be part of a scheme of democratic rights, and how we might go about democratising the right to privacy in future. To avoid confusion I should emphasise that my arguments are of a philosophical, not a legal, nature. Thus, I will be ignoring the specifically legal and constitutional aspects of MacKinnon’s article, and of the Supreme Court decisions, in order to bring their philosophical significance into focus. (shrink)

Can reasoning improve moral judgments and lead to moral progress? Pessimistic answers to this question are often based on caricatures of reasoning, weak scientific evidence, and flawed interpretations of solid evidence. In support of optimism, we discuss three forms of moral reasoning (principle reasoning, consistency reasoning, and social proof) that can spur progressive changes in attitudes and behavior on a variety of issues, such as charitable giving, gay rights, and meat consumption. We conclude that moral reasoning, particularly when embedded (...) in social networks with mutual trust and respect, is integral to moral progress. (shrink)

Are rights to privacy consistent with sexual equality? In a brief, but influential, article Catherine MacKinnon trenchantly laid out feminist criticisms of the right to privacy. In “Privacy v. Equality: Beyond Roe v. Wade” she linked familiar objections to the right to privacy and connected them to the fate of abortion rights in the U.S.A. (MacKinnon, 1983, 93-102). For many feminists, the Supreme Court’s decision in Roe v. Wade (1973) had suggested that, notwithstanding a dubious past, legal (...) class='Hi'>rights to privacy might serve feminist objectives, and prove consistent with sexual equality. By arguing that Roe’s privacy justification of abortion rights was directly responsible for the weakness and vulnerability of abortion rights in America, MacKinnon took aim at feminist hopes for the right to privacy at their strongest point. Maintaining that Roe’s privacy justification of abortion is intimately, and not contingently, related to the Supreme Court’s subsequent decision in Harris v. McRae, (1980) MacKinnon concluded that privacy rights cannot be reconciled with the freedom and equality of women, and so can have no place in a democracy.1 In Harris, the Supreme Court held that the State need not provide Medicaid coverage for abortions that are necessary to preserve the health, but not the life, of a pregnant woman, effectively depriving poor women of almost all state aid for abortions.2 Moreover, the Court’s subsequent decision in Bowers v . Hardwick (1986) appeared to confirm the truth of MacKinnon’s observation – though this case concerned gay rights, rather than abortion rights, and occurred several years after MacKinnon’s condemnation of Harris. -/- This paper examines MacKinnon’s claims about the relationship of rights to privacy and equality in light of the reasoning in Harris and Bowers. When we contrast the Majority and Minority decisions in these cases, it shows, we can distinguish interpretations of the right to privacy that are consistent with sexual equality from those that are not. This is not simply because the two differ in their consequences – though they do - but because the former, unlike the latter, rely on empirical and normative assumptions that would justify sexual inequality whatever right they were used to interpret. So while I agree with MacKinnon that the Majority’s interpretation of the right to privacy in Harris is inconsistent with the equality of men and women, I show that there is no inherent inconsistency in valuing both privacy and equality, and no reason why we must chose to protect the one, rather than the other. Indeed, an examination of MacKinnon’s article, I suggest, can help us to see why rights to privacy can be part of a scheme of democratic rights, and how we might go about democratising the right to privacy in future. To avoid confusion I should emphasise that my arguments are of a philosophical, not a legal, nature. Thus, I will be ignoring the specifically legal and constitutional aspects of MacKinnon’s article, and of the Supreme Court decisions, in order to bring their philosophical significance into focus. -/- . (shrink)

Citizenship and marriage are legal statuses that generate numerous privileges and responsibilities. Legal doctrine and argument have analogized these statuses in passing: consider, for example, Ted Olson’s statement in the Hollingsworth v. Perry oral argument that denying the label “marriage” to gay unions “is like you were to say you can vote, you can travel, but you may not be a citizen.” However, the parallel between citizenship and marriage has rarely been investigated in depth. This paper investigates the marriage-citizenship parallel (...) with a particular focus on three questions prompted by recent developments in law and policy: -/- 1) Should we provide second-best statuses? Some couples — in particular gay and lesbian couples — have been offered permanent statuses, like civil unions, that bear legal privileges but fall short of full marriage equality. In contrast, similar differentiations within citizenship are generally resisted. The history of citizenship may presage the increasing unacceptability of differentiations within status in the gay marriage context. Meanwhile, the history of marriage equality efforts may help present-day citizenship advocates choose legal strategies. -/- 2) Should statuses be a gateway to rights? Some early gay rights advocates unsuccessfully argued that advocates should challenge the primacy of marriage, rather than seek access to the institution. Advocates attempting to expand the rights of current noncitizens face similar choices: should they seek to give current noncitizens greater access to citizenship, or challenge the reservation of important rights to citizens? -/- 3) Can status relationships be plural? Many critics of dual and multiple citizenship argued that allegiance to multiple states was immoral, unadministrable, or both. More recently, polygamous marriage has become a topic of legal and political discourse, first as a foil in anti-gay marriage arguments and later as a political possibility in its own right. I consider whether polygamous marriage advocates can profitably draw on arguments for multiple citizenship, and how multiple-citizenship advocates should responsibly respond to the analogy with polygamy. (shrink)

The author reviews the planned withdrawal of healthcare from the primary public hospital, Grady Memorial Hospital, of Atlanta, Georgia. Prior to passage of the Affordable Care Act of 2010, at least half of the patients had no public or private health insurance and their care was financially supported by State and County funding as well as supplementation from Emory University. New administration in the elected positions of the State and County and at the University reached agreement to decrease care. The (...) University President stated that the Hippocratic Oath was no longer valid for salaried physicians who must follow the direction of their business manager. The author, a tenured Professor, was forcibly transferred to the Veterans Hospital, which also was withholding standard medical care, including life-saving medications. Organizing multiple concerned organizations including members of the King Center, the Carter Center, the Open Door Community Center, Gay Rights, etc., (Grady Coalition) multiple public protests were successful in raising the necessary funds to continue adequate care at Grady and begin an investigation of the Veterans Affairs Hospital. (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)

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)

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)

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)

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).

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 paper examines the possibility of parenting as a queer practice. Examining definitions of “queer” as resistant to presumptions and practices of reprosexuality and repro-narrativity (Michael Warner), bourgeouis norms of domestic space and family time (Judith Halberstam), and policies of reproductive futurism (Lee Edelman), I argue that queer parenting is possible. Indeed, parenting that resists practices of normalization are, in part, realized by certain types of postmodern families. However, fully actualizing the possibility of parenting queerly—and thus teaching our children the (...) values of non-normativity--requires engaging political struggles for distributive justice. These are, thus, the struggles that should be at the center of queer politics, rather than the current struggles for gay marriage and homoparental rights. (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)

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)

With significant advances in equal rights for lesbians, gay men, bisexual and transgender (LGBT) citizens, achieved across the western world during the past few decades, one group that continues to be overlooked is LGBT elders. This article examines the unique discrimination and homophobia faced by older LGBT people living in nursing and residential care homes. It investigates ways in which these environments construct and perpetuate heteronormativity by addressing the needs of heterosexual residents, while at the same time, failing to (...) meet the specific preferences of their LGBT residents. The assumption of heterosexuality in residential care is the ‘norm’ whereby non-normative sexualities are negated. For those considering long-term care, the fear of alienation and having to go back into the ‘closet’ is of profound concern. The argument most frequently presented to counter this is training managers and care staff to deliver non-discriminatory health and social care practices, targeting the unique needs of LGBT residents. However, from within the gay community has come a solution to end the type of homophobic behavior often encountered in mainstream care environments. This has seen the radical and sometimes controversial growth in alternative forms of retirement housing for gay older adults, in the United States of America, the United Kingdom, and across Europe. This article explores these schemes, taking into account criticism that deems such positive discrimination is contrary to the principles of equality legislation and the spirit of social inclusion. (shrink)

Religiosity is associated with better mental health outcomes including lower levels of anxiety and depression; a greater sense of emotional wellbeing; and personal fulfilment. However, whether religiosity has the same bearing on the mental health of lesbians, gay men, bisexual, and transgender (LGBT+) individuals has yet to be fully established. What is clear is the social environment in which it operates is one that routinely rejects and stigmatises non-heterosexual people. Set within a global context, religion has been acknowledged to be (...) a key agency hostile to the introduction of legislation protecting the civil rights of the LGBT+ populace. In this article, the interconnections between religious hegemony, LGBT+ Christians, and socio-political advances for the equal rights of gay people is explored through an assessment of the scholarly literature and research. This article seeks to contribute to an understanding of the relationship between traditional religion, secular society, and the mental wellbeing of LGBT+ citizens. (shrink)

Positive social trends around LGBT in Russia has converted into positive political trends, but support for LGBT policies is necessary for a democratic politician.

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)

This chapter is devoted to the discussion of religious freedom and the anti-racist fight in the Black Diaspora in Latin America, considering the historical processes that involve such discussion, including legal apparatus such as Human Rights and local legislation. Therefore, as a starting point, we take the historical conditions of the emergence of Candomblé in Brazil, that are linked to the trafficking of enslaved African peoples and their resistance to keep alive in their memories, their religious beliefs and their (...) worldviews. Wherefore, it is a discussion in which religious freedom is not dissociated from the anti-racist struggle in the case of Brazil, where, in the 20th century, the myth of racial democracy is produced in the light of studies carried out by Gilberto Freyre in the midst of the 1922 post-week modernist movement. (shrink)

It is a curious fact about mainstream discussions of animal rights that they are dominated by consequentialist defenses thereof, when consequentialism in general has been on the wane in other areas of moral philosophy. In this paper, I describe an alternative, non‐consequentialist ethical framework and argue that it grants animals more expansive rights than consequentialist proponents of animal rights typically grant. The cornerstone of this non‐consequentialist framework is the thought that the virtuous agent is s/he who has (...) the stable and dominating disposition to treat all conscious animals, including non‐human conscious animals, as ends and not mere means. (shrink)

The concepts of right action and virtuous motivation are clearly connected, in that we expect people with virtuous motives to at least often act rightly. Two well-known views explain this connection by defining one of the concepts in terms of the other. Instrumentalists about virtue identify virtuous motives as those that lead to right acts; virtue-ethicists identify right acts as those that are or would be done from virtuous motives. This paper outlines a rival explanation, based on the “higher-level” account (...) of virtue defended in the author’s Virtue, Vice, and Value and by earlier philosophers such as Rashdall, Moore, and Ross. On this account rightness and virtue go together because each is defined by a (different) relation to some other, more basic moral concept. Their frequent coincidence is therefore like a correlation between A and B based not on either’s causing the other but on their being joint effects of a single common cause C. (shrink)

This paper addresses whether the often-bemoaned loss of unity of knowledge about humans, which results from the disciplinary fragmentation of science, is something to be overcome. The fragmentation of being human rests on a couple of distinctions, such as the nature-culture divide. Since antiquity the distinction between nature (roughly, what we inherit biologically) and culture (roughly, what is acquired by social interaction) has been a commonplace in science and society. Recently, the nature/culture divide has come under attack in various ways, (...) in philosophy as well as in cultural anthropology. Regarding the latter, for instance, the divide was quintessential in its beginnings as an academic dis-cipline, when Alfred L. Kroeber, one of the first professional anthropologists in the US, rallied for (what I call) the right to ignore—in his case, human nature—by adopting a separationist epistemic stance. A separationist stance will be understood as an epistemic research heuristic that defends the right to ignore a specif-ic phenomenon (e.g., human nature) or a specific causal factor in an explanation typical for a disciplinary field. I will use Kroeber’s case as an example for making a general point against a bias towards integration (synthesis bias, as I call it) that is exemplified, for instance, by defenders of evolutionary psychology. I will claim that, in principle, a separationist stance is as good as an integrationist stance since both can be equally fruitful. With this argument from fruitful sepa-ration in place, not just the separationist stance but also the nature/culture di-vide can be defended against its critics. (shrink)

When we think about postmodernism we have to consider its implication in every aspect of society and none would doubt that homosexuality is one of these major implication especially for the contemporary church. The influence of relativism and the paradigm shift in humanity made homosexuality not just acceptable, but in many cases a norm. For a long time the church barricaded herself not only behind her Jewish-christian worldview and theological values, but also behind the absolutes of science that just has (...) to agree that in the beginning there were only male and female. For long time homosexuality has been viewed as a behavior option, but what about if science has come up with a new discovery so called Gay Gene? That is exactly what we want to discuss in this essay. (shrink)

Although queer families have become recognised over time, same-sex couples striving to become parents through adoption still represent a small percentage of the overall number of couples approved each year. Pathways to adoption have been shown to differ between heterosexual people, lesbians, and gay men. While many gay male couples report their interactions with social care systems have for the most part been positive, instances surface whereby gay men describe social care actors as lacking in a fundamental understanding of sexual (...) identities. Heteronormativity has exercised a profound influence on scholarly research and social work practice, leading to a privileging of heterosexual couples as adopters. This article explores the experiences of gay men seeking to become adoptive fathers, and through an analysis of the decentering heteronormativity model, it challenges social workers to recognise the role played by heteronormative assumptions concerning queer families. Assumptions that include fears regarding the child’s developing sense of self, and the conviction that a child parented by a gay male couple can anticipate a less optimal outcome. (shrink)

What’s important about ‘coming out’? Why do we wear business suits or Star Trek pins? Part of the answer, we think, has to do with what we call agential identity. Social metaphysics has given us tools for understanding what it is to be socially positioned as a member of a particular group and what it means to self-identify with a group. But there is little exploration of the general relationship between self-identity and social position. We take up this exploration, developing (...) an account of agential identity—the self-identities we make available to others. Agential identities are the bridge between what we take ourselves to be and what others take us to be. Understanding agential identity not only fills an important gap in the literature, but also helps us explain politically important phenomena concerning discrimination, malicious identities, passing, and code-switching. These phenomena, we argue, cannot be understood solely in terms of self-identity or social position. (shrink)

Sikhism is the world's fifth-largest religion. It was founded during the late 15th century in the Punjab region of the Indian subcontinent. Its adherents are known as Sikhs. Currently, there are about 30 million Sikhs worldwide. Most of them live in the Indian state of Punjab. As per Sikh tradition, Sikhism was established by Guru Nanak (1469–1539) and subsequently led by a succession of nine other Gurus. Before his death, the tenth Sikh Guru, Guru Gobind Singh (1666–1708), bestowed the status (...) of Guru to the sacred scripture of Sikhs, Adi Granth, which is presently known as Sri Guru Granth Sahib (SGGS) [1]. The Adi Granth was first compiled by Guru Arjan Dev, the fifth Sikh Guru, in 1604. Its second and final version has been the handiwork of Guru Gobind Singh, who added the hymns of his father, Guru Teg Bahadur, the ninth Sikh Guru [2], at Damdama Sahib, Talwandi Sabo, Punjab, in 1705. The holy Sikh scripture, SGGS, contains 1430 pages of text in poetry form. In addition to the hymns of the six Sikh Gurus and four Sikhs, it includes hymns composed by fifteen saints (Bhagats) and eleven poet laureates (Bhats) of the Guru's court. Muslims and Hindus, Brahmins, and "untouchables" all come together in one congregation to create a universal scripture. It is a compendium of mystic, metaphysical and religious poetry written or recited between the 12th and 17th centuries in the Indian sub-continent [3]. Sri Guru Granth Sahib, through its comprehensive worldview, offers a perfect set of values and an applicable code of conduct. Its cardinal message addresses the welfare of all humans irrespective of their caste, colour, creed, culture, and religion. SGGS emphasizes love, respect, empathy, and acceptance of others' existence. It prohibits us from infringing on the freedom and rights of others. The life and works of the Sikh Gurus exemplify the practicability of these ideas. Their inter-faith dialogues highlighted that human unity and oneness could be achieved through tolerance, communication, and respect for others [4]. Besides a matchless elaboration of spirituality, Sri Guru Granth Sahib enshrines a powerful expression of the message of revolutionary ideals of social welfare, human rights, multicultural distinctness, and religious freedom. In the present era, when the threats and fear of interfaith conflicts, military aggression, terrorism, etc., have overpowered human sentiments, the teachings of Sri Guru Granth Sahib are even more relevant to resolving all these problems. (shrink)

On Nietzsche, science, the oral tradition -- or the troubadours and ancient Greek music drama.

Lauritz Munch and Björn Lundgren have recently replied to a paper published by us in this journal. In our original paper, we defended a novel version of the so-called ‘control theory’ of the moral right to privacy. We argued that control theorists should define ‘control’ as what we coined ‘Negative Control’. Munch and Lundgren have recently provided a range of interesting and challenging objections to our view. Independently of each other, they give almost identical counterexamples to our definition of Negative (...) Control. In this comment, we show that while the counterexamples are genuine counterexamples, they do not force us to abandon the idea of Negative Control. Furthermore, we reply to two additional objections raised by Lundgren. One of these replies involves giving a new account of what the relation is between the concept of privacy and the right to privacy. (shrink)

Climate change, primarily driven by human activities, is becoming one of the most urgent global challenges of our time. Despite lingering doubts about climate change in some research documents, strong consensus within the scientific community still affirms that global surface temperatures have risen in recent decades. Over the past decade, significant efforts have been made by humans to address the climate change crisis, resulting in certain impacts in combating climate change and raising awareness about its consequences. However, the question remains: (...) Are we heading in the right direction to effectively address this crisis, or do we need to reconsider our approach? This essay will examine some of major achievements in the fight against climate change, the increasing awareness of its impacts, the escalating severity of the climate crisis, and whether our actions are on the right track or require reevaluation. (shrink)

There are no technologies at the present time that would allow parents to select the sexual orientation of their children. But what if there were? Some commentators believe that parents should be able to use those techniques so long as they are effective and safe. Others believe that these techniques are unethical because of the dangers they pose to homosexual men and women in general. Both sides point to motives and consequences when trying to analyse the ethics of this question. (...) These arguments are reviewed, and it is concluded that opponents of these technologies have not shown good reason why the law or policy should override parental choice in this matter. In general, therefore, if technologies become available to choose the sexual orientation of children, parents should be allowed to use them, provided they are safe and disrupt no interest of the child. This use will, at the very least, protect homosexual children from parents who do not want them, but it will also allow parents who want homosexual children to make that choice as well. (shrink)

My aim in this chapter is to take the complexity of our histories of rights as seriously as the nature of rights themselves. Let me say immediately that the point is not to satisfy our sense of moral superiority by smugly pointing out the prejudices found in arguments made over three hundred years ago. We have more than our own share of problems and prejudices to deal with. Rather, in coming to grips with this history, and especially how (...) early-modern political theorists struggled with the extension and application of natural rights to the ‘New World’, we may learn something about our own struggles to extend human rights beyond the boundaries of the state system of which Grotius, Hobbes, Locke and Vattel were among the key intellectual architects. For Richard Tuck, the autonomous rights-bearing agent at the heart of liberal individualism is a product of seventeenth-century theorizing about the nature of the autonomous state acting in the international sphere. The sovereign individual is the ‘traditional cousin of the sovereign state’, argues Tuck, and especially the aggressive, violent, and minimally constrained relative described by Hugo Grotius, Thomas Hobbes, John Locke and Emer de Vattel. Thus the connection between liberalism and imperialism, on this reading, is not merely chronological or historical but metaphysical. The analogy between the sovereign state and the sovereign individual acting on the basis of their natural rights, constrained by the recognition of the basic rights of others (but not much more than that) represents an influential vision of liberal freedom. This minimalist account of freedom represents only one vision, however, and Tuck’s account of the pre-history of liberal rights has to be balanced against other conceptions, including more emancipatory ones. (shrink)

According to a rights forfeiture theory of punishment, liability to punishment hinges upon the notion that criminals forfeit their rights against hard treatment. In this paper, I assume the success of rights forfeiture theory in establishing the permissibility of punishment but aim to develop the view by considering how forfeited rights might be reclaimed. Built into the very notion of proportionate punishment is the idea that forfeited rights can be recovered. The interesting question is whether (...) punishment is the sole means for reclaiming forfeited rights. I argue for a pluralistic theory of rights reclamation, according to which, there are multiple ways by which a wrongdoer can recapture her forfeited rights. In particular, I argue that offering remorseful compensation is a valid means by which a wrongdoer might partially, or fully, reclaim her right against punishment. (shrink)

This essay derives its focus on poetry from the subtitle of Die Fröhliche Wissenschaft: “la gaya scienza.” Nietzsche appropriated this phrase from the phrase “gai saber” used by the Provençal knight-poets (or troubadours) of the eleventh through thirteenth centuries — the first lyric poets of the European languages — to designate their Ars Poetica or “art of poetry.” I will begin with an exploration of Nietzsche’s treatment of poets and poetry as a subject matter, closely analyzing his six aphorisms which (...) deal explicitly with poets and poetry. Having considered The Gay Science as a text about poetry, I will then briefly explore three further ways in which The Gay Science can be thought of as itself a kind of poetry. The result of these analyses is an understanding of Nietzsche’s own understanding of philosophy (and of the best way to live) as also a form of poetry. (shrink)

This paper offers an alternate explanation of cases from the doxastic wronging literature. These cases violate what I call the degree of inquiry right—a novel account of zetetic obligations to inquire when interests are at stake. The degree of inquiry right is a moral right against other epistemic agents to inquire to a certain threshold when a belief undermines one’s interests. Thus, the agents are sometimes obligated to leave inquiry open. I argue that we have relevant interests in reputation, relationships, (...) and the well-being of our social groups. These interests generate obligations against others to “do their homework” before closing inquiry. This alternate account makes better sense of puzzles that accounts of doxastic wronging fall prey to. (shrink)

Right- and wrong-making features ("moral grounds") are widely believed to play important normative roles, e.g. in morally apt or virtuous motivation. This paper argues that moral grounds have been systematically misidentified. Canonical statements of our moral theories tend to summarize, rather than directly state, the full range of moral grounds posited by the theory. Further work is required to "unpack" a theory's criterion of rightness and identify the features that are of ground-level moral significance. As a result, it is not (...) actually true that maximizing value is the relevant right-making feature even for maximizing consequentialists. Focusing on the simple example of utilitarianism, I show how careful attention to the ground level can drastically influence how we think about our moral theories. (shrink)

What grounds human rights? How do we determine that something is a genuine human right? This chapter offers a new answer: human beings have human rights to the fundamental conditions for pursuing a good life. The fundamental conditions for pursuing a good life are certain goods, capacities, and options that human beings qua human beings need whatever else they qua individuals might need in order to pursue a characteristically good human life. This chapter explains how this Fundamental Conditions (...) Approach is better than James Griffin’s Agency Approach as well as Martha Nussbaum’s Central Capabilities Approach. It also shows how it can be compatible with the increasingly popular Political Conceptions of human rights defended by John Rawls, Charles Beitz, and Joseph Raz. (shrink)

The right to withdraw from participation in research is recognized in virtually all national and international guidelines for research on human subjects. It is therefore surprising that there has been little justification for that right in the literature. We argue that the right to withdraw should protect research participants from information imbalance, inability to hedge, inherent uncertainty, and untoward bodily invasion, and it serves to bolster public trust in the research enterprise. Although this argument is not radical, it provides a (...) useful way to determine how the right should be applied in various cases. (shrink)

There are two basic views concerning the relationship between constitutional rights and proportionality analysis. The first maintains that there exists a necessary connection between constitutional rights and proportionality, the second argues that the question of whether constitutional rights and proportionality are connected depends on what the framers of the constitution have actually decided, that is, on positive law. The first thesis may be termed ‘necessity thesis’, the second ‘contingency thesis’. According to the necessity thesis, the legitimacy of (...) proportionality analysis is a question of the nature of constitutional rights, according to the contingency thesis, it is a question of interpretation. The article defends the necessity thesis. | A previous version of this article was published in Chinese Yearbook of Constitutional Law, Vol. 2010, 221–235. (shrink)

I argue against Appel's recent proposal – in this JOURNAL – that there is a fundamental human right to sexual pleasure, and that therefore the sexual pleasure of severely disabled people should be publicly funded – by thereby partially legalizing prostitution. I propose an alternative that does not need to pose a new positive human right; does not need public funding; does not need the legalization of prostitution; and that would offer a better experience to the severely disabled: charitable non-profit (...) organizations whose members would voluntarily and freely provide sexual pleasure to the severely disabled. (shrink)

A chapter reviewing recent experimental work on people's conceptions of ownership rights.