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Journal articles on the topic 'Homosexuals' rights'
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1
Nordahl, Richard. "Ronald Dworkin and the Defense of Homosexual Rights." Canadian Journal of Law & Jurisprudence 8, no. 1 (January 1995): 19–48. http://dx.doi.org/10.1017/s0841820900003064.
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For years Ronald Dworkin has been a leading academic defender of individual rights. The political and jurisprudential theory underlying his defense has had enormous influence. Defense of the rights of homosexuals has been a prominent theme in his writings. In 1966 he published his well-known critique of Lord Devlin’s critical essay on the Wolfenden’s Committee’s recommendations that sexual relations in private between consenting homosexual adults be de-criminalized (reprinted in 1978b, ch. 10). In recent writings, he has condemned key rulings by American courts that denied certain basic rights to homosexuals. References to the rights of homosexuals are made in many of his works. But nowhere does Dworkin present a developed argument for homosexual rights. He appears to think that support for the rights of homosexuals follows naturally from his political-legal theory. But does it? If so, how? And how adequate is such a defense?
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Κηπουρίδου (Kalliopi Kipouridou), Καλλιόπη, and Μαρία Μηλαπίδου (Maria Milapidou). "Tο δικαίωμα των ομοφυλόφιλων προς απόκτηση απογόνων στην Ελλάδα." Bioethica 1, no. 1 (February 22, 2015): 32. http://dx.doi.org/10.12681/bioeth.19785.
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During the last decades there has been a change of attitude regarding the recognition of homosexual rights that is also reflected on their claims for recognition of their right to access to Medically Assisted Reproduction (MAR) or adoption.Although the Greek legislator has shown some signs of progressiveness by adopting laws that ensure the homosexuals’ rights, they have chosen not to include the homosexual couples in the l. 3719/2008 regarding civil partnership.In Greece, discussions concerning the integration of homosexuals in the civil partnership had already commenced during the vote of the relevant law. This discussion has revived after the conviction of our country by the ECHR in the case of Vallianatos and Others vs Greece.For the time being, however, the legal situation in Greece, as far as the homosexuals’ access to MAR or adoption is concerned, entails the following conclusions. Firstly, although the legal right to procreation is established in article 5 §1 of the Constitution, reality differs for homosexuals and especially for homosexual couples in Greece, which do not have access to MAR methods. It is quite common, in practice, for one of the members of a lesbian couple with fertility problems to visit a doctor as a single woman and gain access to MAR methods. On the contrary, homosexual men do not have any chance of having access to MAR methods either as single men or as a couple.Regarding the homosexuals’ access to adoption, Articles 1452 et seq. Civil Code make no specific reference either to the adopters’ sex or to their sexual orientation. So, in principle, it is possible for a single homosexual person to adopt a child. However, homosexual couples do not have the chance to be monitored by the social service in charge. According to articles 1545 et seq. Civil Code the same person’s adoption by more people at the same time is not possible unless they are married. Given the fact that in Greece same-sex marriage is not permitted, there is no possibility for a child’s adoption by a homosexual couple.In view of the above, there is a clear need for modernization of Family Law regarding the protection of the homosexuals’ rights as an attempt to cope up with contemporary social facts.
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SKIDMORE, P. "NOTES: Homosexuals Have Human Rights Too." Industrial Law Journal 25, no. 1 (March 1, 1996): 63–65. http://dx.doi.org/10.1093/ilj/25.1.63.
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Knight, Dennis Ray. "Time to Tell." James Baldwin Review 3, no. 1 (October 4, 2017): 131–51. http://dx.doi.org/10.7227/jbr.3.8.
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If he is known for anything other than his writings, James Baldwin is best known for his work as a civil rights activist. What is often overlooked is Baldwin’s work toward uniting two under-represented and oppressed groups: African Americans and homosexuals. With his first novel, Go Tell It on the Mountain, Baldwin began a career of speaking about and for homosexuals and their relationship with the institutions of African-American communities. Through its focus on a sensitive, church-going teenager, Go Tell It on the Mountain dramatizes the strain imposed upon homosexual members of African-American communities within the Pentecostal Church through its religious beliefs.
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Clark, Edward. "The Construction of Homosexuality in New Zealand Judicial Writing." Victoria University of Wellington Law Review 37, no. 2 (July 1, 2006): 199. http://dx.doi.org/10.26686/vuwlr.v37i2.5567.
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This article examines the language used by New Zealand judges to describe homosexuality. It analyses the use of such language in judgments delivered after the decriminalisation of homosexual intercourse in 1986, examining the effect that judicial language has on rights claims made by homosexuals. The article argues that a significant number of judges are careless or ill-informed in the language they use to refer to homosexuality and that the language used reinforces and repeats a number of negative stereotypes about homosexuality, constructing it as inferior to a heterosexual norm. This article criticises such careless or prejudiced language as incompatible with New Zealand’s human rights commitments and argues that this language constitutes a barrier to the full enjoyment of citizenship by homosexual New Zealanders.
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Agoramoorthy, Govindasamy, and J. Hsu Minna. "India's homosexual discrimination and health consequences." Revista de Saúde Pública 41, no. 4 (August 2007): 657–60. http://dx.doi.org/10.1590/s0034-89102006005000036.
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A large number of countries worldwide have legalized homosexual rights. But for 147 years, since when India was a British colony, Section 377 of the Indian Penal Code defines homosexuality as a crime, punishable by imprisonment. This outdated law violates the fundamental rights of homosexuals in India. Despite the fact that literature drawn from Hindu, Buddhist, Muslim, and modern fiction testify to the presence of same-sex love in various forms, homosexuality is still considered a taboo subject in India, by both the society and the government. In the present article, the continuation of the outdated colonial-era homosexuality law and its impact on the underprivileged homosexual society in India is discussed, as well as consequences to this group's health in relation to HIV infection.
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Linhart, Karin M. "Decriminalization of Homosexuality and Its Effects on Family Rights: A German-US-American Comparison." German Law Journal 6, no. 6 (June 1, 2005): 943–65. http://dx.doi.org/10.1017/s2071832200014048.
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Socrates, Oscar Wilde, Klaus Mann and many other men in history had one thing in common: they loved men. Some of them were lucky and could live a peaceful life regardless, since they either had the respective social standing or lived in societies where homosexuality was at least tolerated. Most others in history, however, were in a rather unfortunate position. To be gay was to be criminal. A conviction for homosexual conduct resulted in years in prison or worse: even today the death penalty can be imposed upon homosexuals in countries where the Shari'a, the Islamic Criminal Code, is interpreted and applied in a strict and conservative way.
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Loughlin, Gerard. "Gathered at the Altar: Homosexuals and Human Rights." Theology & Sexuality 10, no. 2 (January 2004): 73–82. http://dx.doi.org/10.1177/135583580401000207.
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El-Sharif, Ahmad. "Addressing the Question of Homophobia in Jordanian Public Discourse." International Journal of Applied Linguistics and English Literature 6, no. 1 (November 19, 2016): 47. http://dx.doi.org/10.7575/aiac.ijalel.v.6n.1p.47.
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This article investigates the question of homosexuality, homosexuals, and homophobia in the Jordanian public debate in the aftermath of an LGBTQIA meeting that was held secretly in Amman in May 2015. The main purpose of the article is to demonstrate the constituents and arguments which reproduce the public discourse on anti-homosexuality and anti-homosexuals and homophobia in Jordan. This purpose is reached by analysing 35 journal articles written in Standard Arabic in Jordanian public and open-access media. The analysis involves the qualitative analysis of the argument, processes, and themes used to represent homosexuality and homosexuals by the discourse producers. The analysis reveals that the question of homosexuality and homosexuals in Jordan can be addressed in terms of seven angles: the public anti-homosexuality and anti-homosexuals’ calls, the (Islamic) religious argument, protecting and reinforcing law and order, the argument of (homo)sexually-transmitted diseases, the calls of pro-homosexuality and pro-homosexuals and LGBTQIA’s rights activists, the homosexuals’ own self-representation, and the neutral scientific account and representation.Keywords: Jordan, homosexuality, homosexuals, homophobia, LGBTQIA, discourse analysis
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Epprecht, Marc. "The Gay Oral History Project in Zimbabwe: Black Empowerment, Human Rights, and the Research Process." History in Africa 26 (January 1999): 25–41. http://dx.doi.org/10.2307/3172136.
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This paper discusses an attempt to apply historical research directly to the development of a culture of human rights and democracy in Zimbabwe. The research concerns sensitive and controversial issues around sexuality, race, and nationalism that are important in and of themselves. What I would like to argue here, however, is that the method used to design and carry out the research project is at least as interesting. This holds true from the point of view of both professional historians like myself and community activists—two perspectives that are often difficult to reconcile in practice. In this project, “ivory tower” and “grassroots” are brought together in a mutually enriching relationship that offers an alternative model to the methods that currently predominate in the production of historical knowledge in southern Africa.Gays and Lesbians of Zimbabwe (GALZ) is a non-government organization that was founded in 1990. It provides counseling, legal and other support services to men and women struggling with issues of sexuality. It also strives to promote a politics in Zimbabwe that would embrace sexual orientation as a human right. Toward the latter goal it has lobbied government for changes to current laws that discriminate against homosexuals and which expose gay men and women to extortion (so far, in vain). With somewhat more success, it has lobbied the police directly to raise awareness of the extortion issue. GALZ also publishes pamphlets, a newsletter, and other information designed to educate Zimbabweans in general about homosexuality and homophobia. Through these efforts it seeks to challenge popular stereotypes of homosexuals as Westernized perverts who spread diseases and corrupt children. One recent publication included detailed historical research that showed how homosexual practices—including loving and mutual homosexual relationships—have been indigenous to the country throughout recorded history, and probably from time immemorial.
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Rubio Llona, Aimar. "Aproximación al estado de la población LGTB Sudafricana en comparación con la española. Similitudes teóricas frente a divergencias prácticas." Deusto Journal of Human Rights, no. 9 (December 11, 2017): 85. http://dx.doi.org/10.18543/aahdh-0-2011pp85-102.
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<p>South Africa and Spain have similar legislation regarding the decriminalisation of homosexuality and equality and access to Human Rights for the LGBT population. But, the real social experience of homosexual people in the two countries is very different. This article explores homophobia in Africa by describing the real social experiences of the LGBT population in South Africa compared with Spain. The so-called Rainbow Nation, despite its progressive constitution which guarantees LGBT human rights and the absence of discrimination, still contains a high level of homophobia, violence against homosexuals, corrective rapes of Lesbians and a high rate of HIV/AIDS among men who have sex with men.</p><p><strong>Published online</strong>: 11 December 2017</p>
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Wenzel, Joshua I. "A Different Christian Witness to Society: Christian Support for Gay Rights and Liberation in Minnesota, 1977–1993." Church History 88, no. 3 (September 2019): 720–50. http://dx.doi.org/10.1017/s000964071900180x.
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The traditional narrative of religion and the gay rights movement in the post-1960s United States emphasizes conservative Christians and their opposition to gay rights. Few studies focus on the supportive role Christian leaders and churches played in advancing gay rights and nurturing a positive gay identity for homosexual Americans. Concentrating on the period from 1977 to 1993 and drawing largely from manuscript collections at the Minnesota Historical Society, including the Minnesota GLBT Movement papers of Leo Treadway, this study of Christianity and gay rights in the state of Minnesota demonstrates that while Christianity has often been an oppressive force on homosexuals and homosexuality, Christianity was also a liberalizing influence. Putting forth arguments derived from religious understandings, using biblical passages as “proof” texts, and showing a mutuality between the liberal theological tradition and the secular political position, the Christian community was integral to advancing gay rights and liberation in Minnesota by the early 1990s despite religious right resistance. These efforts revealed a Christianity driven to actualize the love of God here on earth and ensure human wholeness, freedom, and an authentic selfhood. Christian clergy, churches, and ordinary persons of faith thus undertook activity in three areas to ensure wholeness and freedom: political activity for civil protections; emotional, pastoral care for persons with AIDS; and as a source of self-affirmation and social comfort in the midst of an inhospitable society.
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Schrover, Marlou, and Frerik Kampman. "'Charter flights full of homosexuals'. The Changing Rights of Homosexual Immigrants in The Netherlands, 1945-1992." Tijdschrift voor Sociale en Economische Geschiedenis/ The Low Countries Journal of Social and Economic History 16, no. 3-4 (February 26, 2020): 5. http://dx.doi.org/10.18352/tseg.1018.
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McGhee, Derek. "Homosexuality and Refugee Status in the United Kingdom." Sociological Research Online 6, no. 1 (May 2001): 83–90. http://dx.doi.org/10.5153/sro.578.
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In this paper the legal institutional practices whereby refugee statuses are determined is subjected to examination through the vehicle of cases where homosexuality has been the basis of the application for refugee status. What emerges in this article is a narrative of homosexuals being excluded from and eventually included in refugee status in the United Kingdom. This narrative is played out within the discursive context of a particular definition of refugee status, namely, that of being a member of a persecuted social group. It is through the analysis of refugee case law in the United Kingdom and internationally that homosexuality is presented, as providing specific problems for refugee law in terms of whom, and in what circumstances, should be included in the ‘social group’ category. In this paper it will be demonstrated that homosexual cases are significant in relation to the attempt to overcome ‘exclusive definitions’ of ‘persecuted social groups’ in refugee law. This is evident, most particularly in terms of the increasing connection between International Refugee Law and International Human Rights Law in the consideration of the persecution experienced by homosexuals in the cases analysed in the paper.
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Turk, Katherine. "“Our Militancy is in Our Openness”: Gay Employment Rights Activism in California and the Question of Sexual Orientation in Sex Equality Law." Law and History Review 31, no. 2 (May 2013): 423–69. http://dx.doi.org/10.1017/s0738248013000072.
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On Good Friday of 1973, members of San Francisco's homosexual community staged a public demonstration amidst the skyscrapers in the business district. Shen Hayes, described as a “frail nineteen-year-old,” claimed to embody the suffering of the city's gay population. Hayes dragged a telephone pole “cross” on his back while throngs of protesters cheered and chanted. The local minister leading the action likened gays’ lack of rights to murder, and the caption accompanying Hayes’ photo in the newspaper claimed that he and other gay Californians had been “crucified.” Despite, despite the protest's religious intensity, its objective was secular. Activists had convened to oppose discrimination against those workers whom Pacific Telephone & Telegraph (PT&T) had labeled “manifest homosexuals”: employees and job applicants who either claimed or seemed to be gay.
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Glanz, Lorraine. "Attitudes of White South Africans towards certain legal rights of homosexuals." South African Journal of Sociology 19, no. 3 (August 1988): 93–101. http://dx.doi.org/10.1080/02580144.1988.10558381.
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Ferguson, Ann. "Gay Marriage: An American and Feminist Dilemma." Hypatia 22, no. 1 (2007): 39–57. http://dx.doi.org/10.1111/j.1527-2001.2007.tb01148.x.
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Gay marriage highlights a contradiction in American national identity: if gay marriage is supported, the normative status of the heterosexual nuclear family is undermined, while if not, the civil rights of homosexuals are undermined. This essay discusses the feminist dilemma of whether to support gay marriage to promote these individual civil rights or whether to critique marriage as a part of the patriarchal system that oppresses women.
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Cordero, Jessica, Darrel Montero, Teisha Portee, Renee Spears, Vicki Stevenson, and Erica Tatum. "Survivorship and Inheritance Rights for Same-Gender Couples: Relevance to Social Workers." Advances in Social Work 12, no. 2 (November 21, 2011): 345–62. http://dx.doi.org/10.18060/1840.
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Californians voted in November 2008 to ban the right to same-gender marriage in California. This paper summarizes data on changes in societal attitudes relative to homosexuals, same-gender couples, and their civil rights as reflected in Gallup and Princeton Survey Research Associates International poll data over the years through 2011. These findings report deeply entrenched and enduring divisions in American attitudes toward the rights and status of same-gender couples. Although historically a majority of Americans has consistently opposed same-gender marriage, Americans increasingly recognize the need to extend equality to same-gender couples in the form of employment rights, inheritance rights, Social Security, and health insurance benefits. This article explores existing and proposed policies regarding the rights of same-gender couples. In addition, it examines the implications and opportunities for advocacy by social workers who face the challenge of navigating the legal and personal obstacles that arise when their client’s same-gender relationships are not sanctioned by law.
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Bispo, Margarida Maria Araujo, and Maria Helena Santana Cruz. "Sexual and gender diversity: facets of a quiet fight through centuries." JOURNAL OF RESEARCH AND KNOWLEDGE SPREADING 2, no. 1 (May 19, 2021): e12379. http://dx.doi.org/10.20952/jrks2112379.
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This article addresses sexual diversity, the historic struggle for the rights of LGBTQIA + groups, and the silencing they have suffered over the centuries. The text discusses the history and progress of this struggle to break the barriers of silencing, and confirm their rights in society and in educational practices in two State Schools located in the municipality of Tobias Barreto/SE. The theoretical approach will be post-structuralist based on scholars who approach the trajectory of homosexuals and transgenders in the historical and social context. Although the battle was fought at the beginning of the fight quietly, the achievements are still minimal in view of the full range of violence suffered by homosexuals and transsexuals in the social environment that they are part of. The violence suffered by LGBTQIA+ is a problem to be discussed in the educational environment, through the history of struggle as an element of empowerment for these young people.
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Helmers, Matthew T. "Death and Discourse: The History of Arguing Against the Homosexual Panic Defense." Law, Culture and the Humanities 13, no. 2 (August 1, 2016): 285–301. http://dx.doi.org/10.1177/1743872113479885.
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Beginning in the 1960s, American males began to plead the “Homosexual Panic Defense” (HPD) when charged with the murder of a homosexual male. Over the next 50 years, legal and literary academics decried the use of the HPD affirming that it relied on prejudicial stereotypes of “bad” homosexuals as sexual predators. This article revisits these critical debates and shows how these legal critics attempt to gentrify the “homosexual” into a good subject in order to justify his right-to-life. I argue that sexuality should never be considered a justification for murder, regardless of the particular homosexual’s status as good or bad.
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Yates, Steven. "Civil Wrongs and Religious Liberty." Journal of Interdisciplinary Studies 6, no. 1 (1994): 67–86. http://dx.doi.org/10.5840/jis199461/24.
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The civil rights movement has broken away from its religious roots which once provided it firm support and, indeed, it has become a threat to those roots. In fact, the past thirty years evidence two civil rights movements. The original civil rights movement promoted equal opportunity and presupposed a constrained vision of human possibilities compatible with Christianity, The revised civil rights agenda, which had replaced it by 1971, promoted preferential policies dubbed "affirmative action" based on an unconstrained vision incompatible with both Christianity and the American founding. The most visible threat to religious liberty is the expansion of civil rights protections to include homosexuals despite the overwhelming rejection of homosexuality as a lifestyle by the majority of Americans, including Christians.
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Yates, Steven. "Civil Wrongs and Religious Liberty." Journal of Interdisciplinary Studies 6, no. 1 (1994): 67–86. http://dx.doi.org/10.5840/jis199461/24.
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The civil rights movement has broken away from its religious roots which once provided it firm support and, indeed, it has become a threat to those roots. In fact, the past thirty years evidence two civil rights movements. The original civil rights movement promoted equal opportunity and presupposed a constrained vision of human possibilities compatible with Christianity, The revised civil rights agenda, which had replaced it by 1971, promoted preferential policies dubbed "affirmative action" based on an unconstrained vision incompatible with both Christianity and the American founding. The most visible threat to religious liberty is the expansion of civil rights protections to include homosexuals despite the overwhelming rejection of homosexuality as a lifestyle by the majority of Americans, including Christians.
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Ziebertz, Hans-Georg, and Alexander Unser. "The Prohibition of Discrimination and Unequal Treatment of Women and Homosexuals in the Spheres of Work and in Public Life." Journal of Empirical Theology 33, no. 2 (December 14, 2020): 245–79. http://dx.doi.org/10.1163/15709256-12341412.
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Abstract Differences in race, ethnic origin, gender, belief and worldview, disability and chronic disease, age, and sexual orientation must not be a reason for discriminating against people. Non-discrimination is enshrined as a fundamental right in the Universal Declaration of Human Rights, in numerous subsequent documents and in the constitutions of democratic states. Also the major religions are hostile to discriminatory distinctions. Among the groups that repeatedly experience discrimination are, on the one hand, women, who have to put up with disadvantages even in countries that advocate equality. Secondly, they include people with a homosexual orientation, who sometimes have to endure open rejection. This research uses a sample of N=5363 from 10 countries to examine the attitudes of young people about non-discrimination. Specifically, it asks whether religious belonging and the country of origin show any impact on this attitude, and whether the religiosity of respondents moderates the influence of religion and country. The empirical findings show that discrimination against women is rejected, but with differences between religious groups and countries. Homosexuality is seen more controversially and there is no uniform rejection of discrimination against homosexuals. However, depending on religious affiliation and national context, individual religiosity can have positive and negative effects on the rejection of discrimination.
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TANG, Jian. "中國同性婚姻合法化問題: 在名與實之間." International Journal of Chinese & Comparative Philosophy of Medicine 16, no. 2 (January 1, 2018): 125–29. http://dx.doi.org/10.24112/ijccpm.161658.
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LANGUAGE NOTE | Document text in Chinese; abstract in English only.Professor Fang argues that we should clearly distinguish rights and goods to deal with the issue of same-sex marriage. In my opinion, rights are like names, whereas goods are like reality. Fang’s view sounds like a middle-way position. However, a decision on whether Chinese homosexuals should obtain the name of marriage should also consider China’s actual social reality, without simply copying modern Western theories.DOWNLOAD HISTORY | This article has been downloaded 99 times in Digital Commons before migrating into this platform.
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Зорина, Наталья, Natalya Zorina, Вадим Кортунов, Vadim Kortunov, Ольга Краснова, Olga Krasnova, Сергей Котов, and Sergey Kokotov. "Socio-cultural and ideological origins of homophobia in Russia." Servis Plus 9, no. 4 (December 1, 2015): 91–110. http://dx.doi.org/10.12737/14578.
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In 2013 the State Duma of Russian Federation adopted a Federal Law “banning propaganda of nontraditional sexual relations among minors». This law provoked great discussions between sexual minorities and their opponents in the media: the first began to criticize the Law as infringing upon their rights, others, after a long silence, resumed their attacks on the homosexuals. Due to such discussions Sociologists think that homophobia is reviving in Russia. According to the American psychological Association, only 16% of the population in modern Russia can accept homosexuality as the norm (against 60% in USA and 80% in Europe). This is the public opinion in Russia. And only such cautious, squeamish attitude toward those people as not quite healthy pones allows sociologists to talk about a revival of homophobic attitudes in our country. In the article authors make an attempt to understand the arguments of opponents of sexual orientation and to trace the ideological origins of “Russian homophobia”. For this, the authors of the research are trying to answer the questions: is it correct to justify homosexuality as normal behavior, referring to the homosexual behavior of animals, how is homosexuality caused by norms of Russian culture, what is its contribution to the arts, what do world religions say about same-sex relationships, what is its impact on the development of the society, what does the modern medicine think about this phenomenon. There is an attempt to reproduce the logic of homophobic arguments, so common today in Russia, to understand its origins and ideological Foundation. This is done only for the purpose of finding compromises and developing balanced, tolerant positions on both sides. The authors hope that considerations expressed in the article will be useful in resolving such an important social and cultural issue as a confrontation between homosexuals and heterosexuals, and will make the contribution to the guarantees of rights and freedoms in the Russian Federation.
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Azza, Sekar Yolanda. "THE PARADOX BEHIND THE EXISTENCE OF GAY CONVERSION THERAPY AS DEPICTED IN GARRARD CONLEY’S MEMOIR BOY ERASED." Rubikon : Journal of Transnational American Studies 7, no. 2 (December 31, 2020): 122. http://dx.doi.org/10.22146/rubikon.v7i2.62749.
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The issues of minorities still become an interesting topic to be discussed since practically the laws sometimes cannot protect the rights of the minorities. Homosexuals are one of the minority groups in the United States struggling with homophobia. The existence of gay conversion therapy is a paradox in the multicultural country. This research is conducted to examine how the portrayal of homophobia in gay conversion therapy and how the paradox of multiculturalism depicted in Conley’s memoir entitled Boy Erased. The primary data of this research are the dialog and narration in the memoirpublished in 2016,which contains the irony behind the existence of gay conversion therapy. The secondary data are taken from articles and current news that relates to the issues. The post-nationalism approach, homophobia theory, and multiculturalism theory are used to analyze the data. The study found institutionalized homophobia at Love in Action (LIA) as the gay conversion therapy institution. The reasons behind the existence of gay conversion therapy are the paradox of toleration, lack of equal recognition, and the inability to provide positive accommodation for homosexuals. The existence of gay conversion therapy proved that the struggles of homosexuals in the United States still need to be overcome.
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Deleury, Édith. "L'union homosexuelle et le droit de la famille." Homosexualité et droit 25, no. 4 (April 12, 2005): 751–75. http://dx.doi.org/10.7202/042626ar.
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Homosexuals have asserted their rights more vocally in many areas of the law in the past decade. It was inevitable that the area of family law and child custody would be affected by this trend. In this paper, the author tries to compare and assess the moral standards which govern family relationships and how those standards are reflected in the laws relating to marriage, divorce and appreciation by the courts of parental fitness.
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Wyman, Hastings. "Gay Liberation Comes to Dixie—Slowly." American Review of Politics 23 (July 1, 2002): 167–92. http://dx.doi.org/10.15763/issn.2374-7781.2002.23.0.167-192.
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This article examines a little studied aspect of southern politics: the emergence of gay rights activists as players in mainstream southern politics. The article examines state-by-state electoral successes of openly-gay candidates throughout the South as well as the impact of gay rights activists on public policy (at both the local and state level), hate crimes legislation, employment rights, higher education, and private business. The movement of homosexuals from the shadows of society to open participation in public life has been a major national trend during the past three decades, and the South has not been in the forefront of this development. However, significant evidence suggests that, as Dixie has accommodated to other social changes, it is adapting to gay liberation-albeit more slowly than the rest of the nation.
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Wilson, Bruce M., and Juan Carlos Rodríguez Cordero. "Legal Opportunity Structures and Social Movements." Comparative Political Studies 39, no. 3 (April 2006): 325–51. http://dx.doi.org/10.1177/0010414005281934.
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How does institutional change in established democracies affect the distribution of political power in society? The new constitutional court in Costa Rica allows the authors to analyze the effects of judicial reform on the capacity of politically marginalized groups to safeguard their constitutional rights. Particular attention is paid to homosexuals, AIDS patients, and labor unions. The authors argue that it was not the establishment of the court as such but rather the specific rules regulating access to and cost of approaching the court that enabled marginalized groups to push for their rights and effectively circumvent the traditional policy-making process. Although these groups did not win all their cases, they have nonetheless been able to achieve considerable success in the protection of their previously denied constitutional rights. The legal reform partially redistributed power in society from policy makers to social groups and individuals.
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Imoberdorf, Sebastian. "Beyond the Margins: Human Rights Against Undocumented Persons, Homosexuals, And Women in Inter-American Narrative." Revista Canaria de Estudios Ingleses, no. 81 (2020): 97–112. http://dx.doi.org/10.25145/j.recaesin.2020.81.07.
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This study is greatly based on article 7 of the “Universal Declaration of Human Rights” that states: “All are equal before the law and are entitled without any discrimination to equal protection of the law.” Latin America is viewed as a place where injustices and atrocities tend to be the order of the day: violent processes of conquest and colonization, military dictatorships, drug trafficking, kidnappings, the increase in crime and insecurity, etc. Such violations have generated frequent waves of emigration (often irregular) to the United States where they seek protection and freedom but, too often, they find neither, thus producing a vicious cycle in the inter-American literature of US Latino authors. The focus is to examine three distinct groups: immigrants, homosexuals and women.
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Calvo Pascual, Mónica. "“Girl meets boy”: postcyborg ethics, individual identity and collective rights in the posthuman age." Journal of English Studies 16 (December 18, 2018): 7. http://dx.doi.org/10.18172/jes.3498.
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Taking as a point of departure the novel’s setting in a world controlled by online networks and global corporations, together with human beings’ position as decoders of the excess of information in contemporary culture, this essay provides a posthuman interpretation of Ali Smith’s "Girl meets boy" (2007) under the lenses of Rosi Braidotti’s postulates on posthumanity and Heidi Campbell’s postcyborg ethics. Thus, I analyse the ways in which the novel probes into the limits of humanity and individual identity as related to virtual environments, body politics and sexuality. Attention is also paid to the novel’s raising of collective awareness and social struggle against injustice and the oppression of women, homosexuals and third-world citizens as a response to their invisible, naturalized dehumanization by the contemporary global politics of consumer culture.
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Goldstein, Judith, Miles Kahler, Robert O. Keohane, and Anne-Marie Slaughter. "Introduction: Legalization and World Politics." International Organization 54, no. 3 (2000): 385–99. http://dx.doi.org/10.1162/002081800551262.
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In many issue-areas, the world is witnessing a move to law. As the century turned, governments and individuals faced the following international legal actions. The European Court of Human Rights ruled that Britain's ban on homosexuals in the armed forces violates the right to privacy, contravening Article 8 of the European Convention on Human Rights. The International Criminal Tribunal for the Former Yugoslavia indicted Yugoslav president Slobodan Milosevic during a NATO bombing campaign to force Yugoslav forces out of Kosovo. Milosevic remains in place in Belgrade, but Austrian police, bearing a secret indictment from the International Criminal Tribunal, arrested a Bosnian Serb general who was attending a conference in Vienna. In economic affairs the World Trade Organization (WTO) Appellate Body found in favor of the United States and against the European Union (EU) regarding European discrimination against certain Latin American banana exporters. A U.S. district court upheld the constitutionality of the North American Free Trade Agreement (NAFTA) against claims that its dispute-resolution provisions violated U. S. sovereignty. In a notable environmental judgment, the new Law of the Sea Tribunal ordered the Japanese to cease all fishing for southern bluefin tuna for the rest of the year.
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Sides, Josh. "Sexual Propositions." Boom 1, no. 3 (2011): 30–43. http://dx.doi.org/10.1525/boom.2011.1.3.30.
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California—simultaneously celebrated and reviled for its fabled sexual tolerance for the past half-century—has pioneered the use of sexual propositions, ballot initiatives designed to either expand the scope of “obscenity” censorship or to suppress the rights and aspirations of homosexuals. Viewed through the prism of the sexual propositions, the political landscape of California looks quite different than we generally imagine. This article examines the history of these propositions, their financial backers, and the politicians involved with them, including E. Richard Barnes’s Proposition 16, John Briggs’s Proposition 6 (The Briggs Initiative), and William J. “Pete” Knight’s Proposition 22.
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Hildebrandt, Achim, Eva-Maria Trüdinger, and Dominik Wyss. "The Missing Link? Modernization, Tolerance, and Legislation on Homosexuality." Political Research Quarterly 72, no. 3 (September 4, 2018): 539–53. http://dx.doi.org/10.1177/1065912918797464.
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Research suggests that modernization is an important driver of liberalization in the field of gay and lesbian rights. Surprisingly, it has often been assumed—but not empirically examined—that a culture of tolerance mediates the relationship between socioeconomic modernization and liberal legislation. This article closes this gap by analyzing the seventy-three countries that took part in the fifth and sixth waves of the World Values Survey. As government responsiveness to public attitudes is structurally enforced by means of electoral accountability in democracies, but not in autocracies, we, in addition, distinguish between these regime types in an analysis of moderated mediation. We show that tolerant attitudes toward homosexuals do, indeed, mediate the influence of modernization on gay and lesbian rights policies in democracies, but not in autocracies. The result is confirmed by extensive robustness checks, including an instrumental variables approach to account for a potential reverse causality between tolerance and rights. The study does not only underline the relevance of cultural aspects of modernization, but also points to the crucial importance of regime type for a translation of public opinion into policy.
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Dicklitch, Susan, Berwood Yost, and Bryan M. Dougan. "Building a Barometer of Gay Rights (BGR): A Case Study of Uganda and the Persecution of Homosexuals." Human Rights Quarterly 34, no. 2 (2012): 448–71. http://dx.doi.org/10.1353/hrq.2012.0033.
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McArdle, David. "A Few Hard Cases? Sport, Sadomasochism and Public Policy in the English Courts." Canadian journal of law and society 10, no. 2 (1995): 109–17. http://dx.doi.org/10.1017/s0829320100004336.
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The decision of the House of Lords in R. v. Brown has been well documented as one which has serious repercussions for the civil liberties of homosexuals within the United Kingdom, its most notorious ramification being that one cannot consent to the infliction of injury upon oneself in the course of homosexual sadomasochistic activities. The case continues to arouse strong passions in the gay press and amongst civil liberties groups, and the recent announcement that the European Court of Human Rights is to hear the appeal of the men involved has confirmed that this particular “hard case” will continue to exercise the minds of legal practitioners, academics and others for some years to come.In addition to its implications for sadomasochistic activities, Brown indirectly raises a myriad of other issues. One of these is the question of to what extent the courts should intervene in the case of injuries inflicted during the course of sporting activities. Although the Crown Courts (where the most serious criminal cases of England and Wales are heard) have recently shown an increased willingness to intervene in cases where the injuries inflicted are particularly severe, my preliminary research suggests that the prosecuting authorities are reluctant to bring such cases to court, although they almost certainly would do so if an incident which gave rise to similar injuries had occurred in a nonsporting context.
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Ilany, Yael, and Netta Ilany. "The LGBT community in Israel: access to the surrogacy procedure and legal right for equality, family life and parenthood." Ruch Prawniczy, Ekonomiczny i Socjologiczny 83, no. 1 (March 30, 2021): 85–97. http://dx.doi.org/10.14746/rpeis.2021.83.1.7.
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In Israel’s legal system, equality is a fundamental principle. LGBT people in Israel suffer from discrimination due to their sexual orientation and their right to equality, parenting, and family life is impaired. Regarding the surrogacy procedure, the Supreme Court has unequivocally stated that the relevant laws discriminate against LGBT people and their fundamental rights when compared to heterosexual people. The main problem is that the statutes block the access to the surrogacy procedure of single men and male couples, harming their right to equality, right to a family life and parenting. The article suggests adopting the minority ruling of Justice Uzi Vogelman in HCJ 781/15 and declaring the nullity of the sections in the laws that discriminate against single men and male couples. This remedy is a lawful and operative solution for the inequality rooted in the surrogacy arrangements towards homosexuals that want to establish a family and become parents. The expectation from the legislature to amend the law is unrealistic, due to the political construction of the Israeli Knesset (parliament). An innovative approach for the amendment of the inequality towards LGBT people should be the nullity of the discriminating sections of the law.
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Clark, Bev. "Lesbian Activism in Zimbabwe." Issue: A Journal of Opinion 25, no. 2 (1997): 31–33. http://dx.doi.org/10.1017/s0047160700502686.
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“I don’t believe they (lesbians and homosexuals) have any rights at all.”President Robert Mugabe, 2 August 1995I remember that it was a Monday. I had been running with my partner over lunch time and we had just returned to my office in town. The doorbell rang and standing outside were about nine policemen and women. Demanding entry, one of the senior officers brandished a search warrant for “pornographic material.”I was so angry I didn’t know what to do with myself. I had been targeted simply because I worked for the national Zimbabwean lesbian and gay organization. Furthermore, the police had no broader agenda other than to intimidate and harass me under the pretext of searching for pornography.
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Donaldson, Candice D., Lindsay M. Handren, and Andrew Lac. "Applying Multilevel Modeling to Understand Individual and Cross-Cultural Variations in Attitudes Toward Homosexual People Across 28 European Countries." Journal of Cross-Cultural Psychology 48, no. 1 (October 7, 2016): 93–112. http://dx.doi.org/10.1177/0022022116672488.
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Individual and cross-cultural factors associated with attitudes toward homosexual people were examined in this study. Using cross-sectional data from the sixth biennial European Social Survey, which represents 36,959 individuals nested within 28 European countries, successive nested models were tested using multilevel modeling (MLM). Results found that attitudes varied cross-culturally as a function of people’s country of residence—this clustering effect was controlled for in all subsequent models. Individual-level predictors (Level 1) of male gender, older age, less education, being an immigrant to one’s residing country, conservative political affiliation, high religiosity, perceptions that politics in one’s country were unfair, low openness to change values, low self-transcendence values, high conservation values, and high self-enhancement values were significantly linked with anti-homosexuality attitudes. At the country level (Level 2), a high emphasis on social conservatism and fewer civil rights for homosexuals was connected with more unfavorable attitudes. Findings indicate main effects of predictors at both levels; however, country-level variables tended to yield stronger coefficients than individual-level factors, highlighting the contributions of macro- and microfactors in simultaneously shaping attitudes toward homosexuality. Beyond these effects, interactions of country- and individual-level variables show political affiliation, religiosity, self-enhancement values as stronger predictors in liberal countries, but openness to change values, younger age, and higher education as stronger predictors in conservative countries. Implications are discussed for understanding the wide continuum of views toward homosexuality across people and countries.
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Castro, Pércio. "Para gustos, los colores. El matizado mundo delirante de los géneros: la ‘patergaynidad’ en otro tipo de familia en Azul y no tan rosa de Miguel Ferrari." Image and Storytelling: New Approaches to Hispanic Cinema and Literature 1, no. 2 (October 31, 2020): 187–205. http://dx.doi.org/10.5399/uo/peripherica.1.2.9.
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Blue and Not So Pink (2012), created by Miguel Ferrari as director and screenwriter, received innumerable positive and negative critiques. In spite of the negative evaluations, the film managed to become a great box office success in Venezuela and in 2013 obtained the Goya Award for the best Spanish American film. This study will analyze the film’s most significant themes; that is, that the consideration of human diversity as an element should be accepted in our societies, the possibility of giving voice to persons who suffer discrimination and the issue of self-acceptance. The notion that the film proposes that there should be other types of families in our societies will be considered: families with gay parents, those with only one parent, and therefore, families that are formed with no blood relationship whatsoever. The trajectory of the main characters within parameters that are juxtaposed and, at the same time, complement each other will be observed—the private and public world, the social sphere and the familial one. Consequently, the transformation that occurs in the family unit to include more unbiased parental rights for homosexuals and transexuals in the formation of a new kind of family core will likewise be examined. By way of conclusion, it will be observed how the musical diversity of the film is developed intradiegetically to support gender diversity, as well as an examination of the concept of gender within heterocentric society and the way in which relationships of homosexual couples and transgender couples challenge patriarchal society and the dichotomous, binary system it adopted.
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Meylahn, Johann-Albrecht. "An Ethos of Deconstruction in Multi-Cultural and Multi-Religious Contexts." Religion & Theology 23, no. 3-4 (2016): 368–85. http://dx.doi.org/10.1163/15743012-02303004.
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The essay will focus on the role of Derrida’s différance in opening a space for an alternative ethos in religious or cultural plural contexts. In postcolonial contexts individual human rights, as the universal norm, is challenged by religious and cultural traditional practices. Some of the traditional practices are incompatible with individual rights and this is aggravated in a postmodern context as there is no universal meta-narrative to arbitrate between the conflicting practices. The result of this conflict is often a stalemate between the universal rights of individuals, often marginal individuals (children, homosexuals and women), over against religious and cultural values and traditions of the particular local context or religious or cultural group. The question this article focuses on is how deconstruction can help to move beyond such ethical conflicts. The article proposes that deconstruction can offer a way of reading, interpreting and understanding these cultural practices within their contexts, by taking the various practices (texts) within their contexts seriously as there is no beyond the text. This reading creates an inter-textual space between the various dominant narratives for the emergence of an alternative ethos. This emerging ethos is not presented as the ethical norm, but rather as an open, expectant attitude towards all the texts involved. This attitude can maybe open the space for alternative practices beyond the stalemate in multi-religious and multi-cultural contexts.
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Saria, Vaibhav. "Begging for change: Hijras, law and nationalism." Contributions to Indian Sociology 53, no. 1 (January 22, 2019): 133–57. http://dx.doi.org/10.1177/0069966718813588.
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This article begins by examining multiple drafts of a parliamentary legislation that aims to provide rights and reservations to transgender persons in India, so as to trace the ways in which hijras have been absorbed into the discourse of nationalism. The most current draft of this bill, ‘The Transgender Persons (Protection of Rights) Bill of 2016’ shows that despite claims to protect transgender citizens, the state uses the discourse of nationalism to justify the increased governmentalisation of hijra bodies and lives. I bring attention to the state’s insistence on the distance between homosexuals and hijras and the active endorsement of Sexual Reassignment Surgery to argue that the legislations are consolidating heterosexuality rather than making space for queer citizens. The project of heterosexualisation marks the disjuncture between colonial and contemporary ambitions of policing hijras, which have remained remarkably consistent and centred around their economic activity of begging. Based on ethnographic research conducted in rural Odisha, I question the glossing of hijras’ practice of seeking alms or challa as begging, to show how limits of nationalism are drawn and render hijra forms of being as incommensurable with the state.
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Sitarz, Wojciech. "Homofobia w paragrafach. Rzecz o relacjach prawodawstwa, dyskursu i postaw społecznych w Rosji." Dziennikarstwo i Media 7 (June 30, 2017): 133–44. http://dx.doi.org/10.19195/2082-8322.7.10.
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Homophobia in codes of law. On the relations between legislation, discourse and social attitudes in RussiaThe main purpose of this paper is to present the Russian legislation in terms of its relations to homosexuals in the last twenty years.The great emphasis was placed on the last eight years, when in eleven political units of Russian Federation the promotion of homosexuality to minors was banned. The author endeavours to understand how homophobic regulations influenced, reported in recent years, decrease in acceptance of sexual minorities.The next essential part of this article is discussion on consequences of an act passed in June 2013 about protection of minors against propaganda of non-traditional sexual relations, increase of violence against homosexuals, discrimination of teachers, putting back on the agenda rights of Russian LGBT community and accusations against sexual minorities of detriment to the image of Russia.
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Curti-Contessoto, Beatriz, Isabelle de Oliveira, and Lidia Almeida Barros. "Changes in the concept designated by the term mariage civil throughout the history of French law 1791–2013." Terminology 27, no. 1 (July 5, 2021): 140–62. http://dx.doi.org/10.1075/term.00061.cur.
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Abstract In 1791, the term mariage civil first appeared in French law in order to designate a civil and secular union recognised only by the State. After the introduction of this term into the French legal domain, there were legislative changes regarding the rules of civil marriages over the following years. The present paper examines the semantic evolution of the term mariage civil in French law, relating this evolution to socio-cultural and historical aspects of France between 1791 (when civil marriage was instituted in this country) and 2013 (when the most recent legislative change in the area occurred). Based on this investigation, it is possible to affirm the transformations in the French society and legislative changes have modified the concept designated by the term mariage civil, especially concerning the notion of family and the achievement of rights by women and homosexuals.
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Vance, Laura L. "Converging on the Heterosexual Dyad: Changing Mormon and Adventist Sexual Norms and Implications for Gay and Lesbian Adherents." Nova Religio 11, no. 4 (May 1, 2008): 56–76. http://dx.doi.org/10.1525/nr.2008.11.4.56.
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Nineteenth-century sexual ideals in Mormonism and Seventh-day Adventism differed: Adventism proscribed sexual expression, even in marriage, and Latter-day Saints encouraged marriage and sexual expression in addition to that sanctioned by the wider society, especially in polygamy. Nonetheless, each movement justified sexual norms by asserting that sexual expression lessened vital force, or physical well-being. In the face of changing societal sexual and gender norms——especially resulting from the sexual revolution, the modern feminist movement, and the gay rights movement——Adventism's and Mormonism's definitions of appropriate sexual expression converged to promote sex in heterosexual marriage. Concomitantly, homosexuality was explicitly and publicly defined as sinful and antithetical to, even threatening, heterosexual marriage and family. This paper explores the convergence of sexual ideals in Mormonism and Adventism, with attention to explicit proscription of homosexuality, responses to homosexuality and homosexuals in each movement, and implications of these for gay and lesbian adherents.
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Baey Shi, Baey Shi. "Challenging the Constitutionality of Section 377A in Singapore: Towards a More Humanist Treatment of Homosexuality in Singapore Law." IAFOR Journal of Cultural Studies 6, SI (January 22, 2021): 61–75. http://dx.doi.org/10.22492/ijcs.6.si.05.
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This paper examines the tensions between the law, politics and public opinion in Singapore via a landmark 2014 ruling that upheld the constitutionality of Section 377A of the Penal Code criminalising sex between men. It argues that the ruling dealt a serious blow to the human rights project for minority groups in Singapore due to complex socio-political biases towards homosexuals and a narrow legal logic that is overly deferential to the legislature. This “tyranny of the majority” not only reinforces longstanding prejudices against the Lesbian, Gay, Bisexual and Transgender (LGBT) community and deprives them of their rights, but potentially results in the graver consequence of compromising the integrity of the Singapore Constitution and the country’s democratic ideals. The paper also illustrates how the court of public opinion, split between conservative and liberal pro-humanist camps, not only keeps this issue at an impasse through opposing representations of homosexuality but also reflects an important ideological juncture that Singapore currently finds itself at as it navigates the path to modernisation and liberalisation. It urges a humanistic re-imagination of the law where the formulation and instrumentalisation of laws are constantly renegotiated and reworked to become more responsive as historical contexts and social relations between various parties beyond the State and its apparatus evolve. It also ventures that decriminalising homosexuality presents Singapore with the opportunity to define a new Asian post-colonial modernity and that the concept of “rights capital” can introduce greater equity and dignity within society.
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Minayo, Maria Cecília de Souza, and Renan Antônio Silva. "Homossexuais: entre as conquistas e a força conservadora dos preconceitos." Revista Educação e Emancipação 10, no. 4 (January 12, 2018): 32. http://dx.doi.org/10.18764/2358-4319.v10n4especialp32-57.
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O objetivo deste ensaio é demonstrar o estado do conhecimento sobre a inclusão da população LGBT nas sociedades ocidentais, dentre as quais, a brasileira. Recorre-se à literatura nacional e internacional para esta discussão que tem como conceito central a homofobia e como foco estratégico a análise dos movimentos sociais e das políticas a favor dos direitos desse grupo. A busca pelo respeito e pela dignidade homossexual passa pela criação de leis, movimentos e manifestos populares, pois a aceitação do “diferente” é o principal fator para a efetivação de garantias de direitos desse segmento social. A literatura mostra que países da Europa e das Américas têmcaminhado cada vez mais para o reconhecimento da igualdade dedireitos civis para a população LGBT. Mas demonstra, também, as inúmeras diferenças nas conquistas e situações pelo mundo afora. Inclusive, assinala que até hoje persistem perseguições, torturas e mortes que ocorrem ofi cialmente nos regimes políticos autoritários, mas também, nas democracias. A educação tem um papel especialvisando à mudança cultural, cabendo-lhe, mais que ensinar matérias, incentivar a convivência, o diálogo, e os projetos que promovam a riqueza da diversidade humana.Palavras-chave: Homossexualidade. Homofobia. Sexualidade. Homosexuals: between the conquests and the conservative force of prejudicesABSTRACTThe objective of this essay is to demonstrate the state of knowledge about the inclusion of the LGBT population in Western societies, among which, Brazilian. It is used the national and international literature for this discussion that has as central concept homophobia and as strategic focus, the analysis of the social movements and the politics in favor of the rights of this group. The search for respect and homosexual dignity involves the creation of laws, movements and popular manifesto, since the acceptance of the “diff erent” is the main factor for the realization of rights guarantees of this social segment. The literature shows that countries in Europe and the Americas have increasingly moved towards the recognition of equal civil rights for the LGBT population. But, it also demonstrates the innumerable diff erences in achievements and situations around the world. It even points out that persecution, torture and death continue to occur offi cially in the authoritarian political regimes, but also in the democracies. Education has a special role for cultural change, and it is incumbent upon it, rather than teaching subjects, to encourage coexistence, dialogue and projects that promote the richness of human diversity.Keywords: Homosexuality. Homophobia. Sexuality. Homosexuales: entre conquistas y la fuerza conservadora de los prejuiciosRESUMENEl objetivo de este ensayo es demostrar el estado de conocimiento sobre la inclusión de la población LGBT en las sociedades occidentales, entre las cuales, la brasileña. Se recurre a la literatura nacional e internacional para esta discusión que tiene como concepto central la homofobia y como foco estratégico el análisis de los movimientos sociales y de las políticas a favor de los derechos de dicho grupo. La busca por el respeto y por la dignidad homosexual pasa por la creación de leyes, movimientos y manifi estos populares, pues la aceptación del “diferente” es el principal factor para la efectuación de garantías de derechos de ese grupo social. La literatura muestra que países de Europa y de las Américas han caminado cada vez más para el reconocimiento de la igualdad de derechos civiles para la población LGBT. Pero demuestra, también, las innúmeras diferencias en las conquistas y situaciones por el mundo afuera. Incluso, señala que hasta hoy persisten persecuciones, torturas y muertes que ocurren ofi cialmente en los regímenes políticos autoritarios y también en las democracias. La educación juega un papel esencial para alcanzar el cambio cultural, cabiéndole más que enseñar asignaturas, incentivar la convivencia, el diálogo y los proyectos que promuevan la riqueza de la diversidad humana.Palabras clave: Homosexualidad. Homofobia. Sexualidad.
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Kahn, Jonathan. "Enslaving the Image:The Origins of the Tort of Appropriation of Identity Reconsidered." Legal Theory 2, no. 4 (December 1996): 301–24. http://dx.doi.org/10.1017/s1352325200000550.
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There is no escaping the fact that law shapes identity. Laws tells us who we are and where we stand in society. While sometimes benign, such classification can also be a devastatingly powerful instrument of ostracism and subjugation. Legally enforced racial segregation sent a cold and harsh message about what the dominant society thought it meant to be black. The recent backlash against affirmative action resurrects degrading stereotypes and sends old messages wrapped in new code words about racial identity. “English-only” laws and attempts to restrict public support for immigrants define targeted groups as “outsiders,” people who do not belong in America. The acceptance of anti-sodomy laws brands homosexuals as deviant And the slow, grudging history of legal recognition of sexual harassment, the defeat of the Equal Rights Amendment, and the persistence of the “reasonable man” standard effaces the distinctive experiences of women in society while subjecting all to measurement against a male norm.
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Nelson, Leonard J. "International Travel Restrictions and the Aids Epidemic." American Journal of International Law 81, no. 1 (January 1987): 230–36. http://dx.doi.org/10.2307/2202161.
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AIDS is truly an international phenomenon, with cases now reported on every continent. To combat the AIDS epidemic, the nations of the world may be reverting to a pattern of quarantine and restrictions on international travel. For example, on April 23, 1986, the Federal Register gave notice of a rule proposed by the Centers for Disease Control of the United States Public Health Service that, if enacted, will add AIDS to the list of seven diseases that provide grounds for exclusion of aliens. This action would allow the U.S. Department of State to deny visas and the Immigration and Naturalization Service to deny admission to aliens subject to medical examination (generally immigrants and refugees) who are found to have AIDS. Although seemingly innocuous, the proposed regulation was initially seen by gay rights groups as an instrument that could potentially be used to harass homosexuals and other high-risk groups seeking entry to the United States. The proposed regulation also contrasts with the U.S. Public Health Service’s domestic strategy for coping with AIDS, which emphasizes education rather than quarantine as the principal means of controlling the disease.
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Croce, Mariano. "From gay liberation to marriage equality: A political lesson to be learnt." European Journal of Political Theory 17, no. 3 (April 16, 2015): 280–99. http://dx.doi.org/10.1177/1474885115581425.
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This article deals with the issue of resignification to advance a hypothesis on the way in which social practices are transformed with recourse to the language of institutions. It first discusses the transition from gay liberation to same-sex marriage equality by exploring the trajectory of homosexuals’ rights claims. The article continues by providing a theoretical interpretation of what brought this shift about, that is, what the author calls a movement ‘from the street to the court’: in both civil law and common law jurisdictions, legal means are increasingly being used by individuals and groups to make their claims audible to political institutions and to society at large. Then, an analysis is offered of the shape that social struggles take when socio-political claims are articulated with recourse to the legal language. The conclusion is that reliance on the law as a device to achieve political goals and construct same-sex group identity risks producing but a feeble resignification of the conventional heterosexual matrix. In light of that, a more effective way to defy this matrix is to create awareness of what is gained and what gets lost in becoming legally visible.