Article

Law, Sexual Orientation, and Gender

Edward Stein

in The Oxford Handbook of Jurisprudence and Philosophy of Law

Published in print January 2004 | ISBN: 9780199270972
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199270972.013.0024

Series: Oxford Handbooks in Law

 Law, Sexual Orientation, and Gender

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This article discusses some theoretical questions about sexual orientations and examines two significant legal and ethical arguments for lesbian and gay rights that relate to these theoretical questions. It considers foundational issues relating to sexual orientation and relationship between sexual orientation and gender. The purpose here is to use them as a starting point to consider two legal arguments relating to sexual orientation. It provides some background on the current legal situation of lesbians and gay men in order to illustrate the work that arguments for lesbian and gay rights need to do. It emphasizes the context of the United States, but general analysis is applicable to other democratic countries in the world that have struggled with issues relating to sexual orientation. It turns to a critical evaluation of the sex-discrimination argument. It elaborates the sex-discrimination argument and three related principle objections to it.

Keywords: ethical argument; sexual orientation; sex discrimination; gender; gay rights

Article.  25798 words. 

Subjects: Law ; Jurisprudence and Philosophy of Law

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