New Publication: ‘Sexual Orientation and Rights’ by Nicholas Bamforth (ed)

by | Jul 27, 2015

Debate about the rights of sexual minorities, whether individuals or members of same-sex couples, has become an important issue for legislatures and courts in many constitutional democracies. This volume ‘Sexual Orientation and Rights’ by Nicholas Bamforth (ed) (Ashgate, 2015) collects together some of the more significant writings in the debate, and reflects a variety of perspectives: liberal, conservative, and radical. The topics covered include the meaning and importance of sexual freedom, gender roles, marriage and other significant partnerships, child care and adoption, the criminal law, employment, and expression and pornography. The volume also seeks to relate arguments about sexual orientation and rights to broader debates within feminist theory.

Contents: 

Part I Organizing the Arguments:

  • Sexual orientation and the politics of biology: a critique of the argument from immutability, Janet E. Halley.

Part II Substantive Progressive Arguments:

  • Sexual autonomy and the constitutional right to privacy: a case study in human rights and the unwritten constitution, David A.J. Richards;
  • Liberal community, Ronald Dworkin;
  • Sexual orientation and the constitution: a test case for human rights, Edwin Cameron;
  • Hardwick and historiography, William N. Eskridge, Jr;
  • Editorial note: The constitutional status of sexual orientation: homosexuality as a suspect classification, Harvard Law Review;
  • Recognising new kinds of direct sex discrimination: transsexualism, sexual orientation and dress codes, Robert Wintemute;
  • Pornographies, Leslie Green;
  • Pornography/death: the problem of gay pornography in a straight supremacist system, Shannon Gilreath.

Part III Conservative Arguments and Responses to Them:

  • Law, morality and ‘sexual orientation’, John M. Finnis;
  • Is marriage inherently heterosexual?, Andrew Koppelman.

Part IV Radical Arguments:

  • Developing lesbian legal theory/Sexual privacy/Discourses of discrimination, Ruthann Robson;
  • Essential rights and contested identities: sexual orientation and equality rights jurisprudence in Canada, Carl F. Stychin;
  • On being beside oneself: on the limits of sexual automony, Judith Butler.

Share this:

0 Comments

Submit a Comment

Related Content

Introducing the OxHRH Blog’s New Editors!

Introducing the OxHRH Blog’s New Editors!

The Oxford Human Rights Hub Blog is delighted to announce the appointment of two new Editors to our team.  Heather ...
Center for Death and Society Conference 2018: The Politics of Death

Center for Death and Society Conference 2018: The Politics of Death

Dates: 08-09 June 2018 Location: University of Bath, UK Over the last fifteen-years, first world popular ...
European Master’s Programme in Human Rights and Democratisation: Deadline extended

European Master’s Programme in Human Rights and Democratisation: Deadline extended

The Global Campus of Human Rights is glad to inform you that the Call for Applications for the next academic year ...