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Beyond Race, Sex, and Sexual Orientation: Legal Equality without Identity
02 Sep 2013-
TL;DR: In this article, the authors present a power review of race, gender, and sexual orientation in the context of identity versus powers, and discuss how constitutional law rationalizes racism and why racial profiling is based on animus.
Abstract: Part I. Identity versus Powers: 1. Suspect class and the dilemma of identity 2. A powers review Part II. Race: 3. How constitutional law rationalizes racism 4. Why racial profiling is based on animus Part III. Sex and Sexuality: 5. The puzzle of intermediate scrutiny 6. Same-sex marriage and the disestablishment of marriage.
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01 Jan 1972
TL;DR: In this paper, the authors argue that the law is a rich humanistic tradition and study of legal ideas and institutions will promote sustained reflection on such fundamental concepts and values as equality, freedom, privacy, justice and human rights.
Abstract: This program helps students understand law in relationship to the larger society. It is based firmly on the view that the law is a rich humanistic tradition and study of legal ideas and institutions will promote sustained reflection on such fundamental concepts and values as equality, freedom, privacy, justice and human rights. While the program is of special interest to students who plan graduate studies in law or careers in government service, it is recommended for any student who desires to understand the role of law in society. The program provides students with tools for reasoned appraisal of how the law works, ideas and policies that underlie it, and the ability to think clearly and analyze arguments critically. Minor
95 citations
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TL;DR: The authors argued that sexual racism is based on nothing more than a kind of blatant, even ugly (pun intended) kind of racial favoritism or disgust, and that online dating sites should be sites of public concern.
Abstract: Taking seriously the idea that the “the personal is the political,” I argue that intimacy, the opportunity to be a part of a reciprocal romantic relationship, is a matter of justice. We ought to care about the distribution of this opportunity. Justice demands as much. What has gone largely undertheorized is racial discrimination that takes place in the intimate sphere. Prioritizing individuals as romantic partners in a way that reinforces ideas of racial hierarchy or stereotypes, what I call “sexual racism,” is unjust. Sexual racism is based on nothing more than a kind of blatant, even ugly (pun intended) kind of racial favoritism or disgust. These are not benign sexual preferences but problematic conditions that structure the very formation of romantic relationships. Renegotiating the boundaries of the intimate sphere, I argue that online dating websites ought to be sites of public concern.
49 citations
Cites background from "Beyond Race, Sex, and Sexual Orient..."
...In that case, discrimination is not just on physical attributes but distinct notions of the appropriate relationship between gender and sex (see Hartley and Watson 2010; see also Bedi 2013, 177– 207), a kind of discrimination needing a more extensive analysis of intimacy....
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TL;DR: The authors argued that the very sort of toleration at the foundation of religious liberty in America is compatible with moral disapproval, and that such exemptions overreach invite the return of religious conflict and discrimination.
Abstract: Against the legal recognition of same-sex marriage, many advocates of religious liberty argue that those who adhere to “traditional” understandings of marriage should not be forced to “recognize” same-sex marriages. This includes exempting individual business owners engaged in commercial activity from anti-discrimination laws. I argue that such exemptions overreach. Equal access to the commercial arena is an essential feature of life in America’s commercial republic, which means that public accommodations should not be given exemptions on religious grounds. Yet this does not require business owners to morally approve of same-sex marriage; nor does it require them to grant same-sex marriages “equal concern and respect.” Rather, it requires simple toleration, which is compatible with moral disapproval. Indeed, I argue that this is the very sort of toleration at the foundation of religious liberty in America. Efforts to grant religious exemptions to anti-discrimination laws invite the return of religious conflict and discrimination. Prohibiting discrimination on the basis of sexual orientation in public accommodations is necessary not only for equal citizenship, but to maintain the regime of toleration that undergirds religious liberty in a pluralistic democracy.
15 citations
01 Jan 2014
TL;DR: The history and development of the Equal Protection Clause and its application to sexual orientation can be found in this paper, where the authors explain the factors used in Equal Protection Cases and the vulnerabilities of equal protection Jurisprudence.
Abstract: 5 Introduction 6 Chapter 1 – The History and Development of the Equal Protection Clause 12 The Tiered System Introduced 13 History of Equal Protection Claims 18 Explaining the Factors Used in Equal Protection Cases 29 Chapter 2 – Vulnerabilities of Equal Protection Jurisprudence 31 The Factors in Deciding Suspect Class Status 31 Classifying a Minority 32 Understanding Discreteness 35 Understanding Insularity 38 Prejudice as a Metric 39 Relevance of Trait in Discrimination 45 Immutability 47 Weighing all of the Different Factors 51 Chapter 3 Equal Protection Law Applied to Sexual Orientation 55 Sexual Orientation and the Supreme Court 56 Problems within Precedents for Equal Protection 68 The Nature of Orientation 69 Measuring Discrimination Against Gays 74 The Question of Immutability 80 Comparing to Past Precedents 83 Chapter 4 – The Right to Intimate Association 87 History of Intimate Associations Under the Due Process Clause 90 Formal Recognition: The Court Defines the Right to Intimate Association 96
3 citations
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01 Jan 2019TL;DR: The formal neutrality toward intimate relationships encompasses complete privatization as negative freedom from interference absent harm to others as mentioned in this paper, which encompasses civil marriage and a civil definition of family, but would involve neither public benefits nor public burdens on any family form because of its intrinsic value.
Abstract: Formal neutrality toward intimate relationships encompasses complete privatization as negative freedom from interference absent harm to others. It might also encompass civil marriage and a civil definition of family, but would involve neither public benefits nor public burdens on any family form because of its intrinsic value. Marriage should be retained as a civil institution, but perhaps as one option among others, rather than as the only legitimate option. If conceptualized as instrumental to the good that many desire rather than as a morally preferable way of life, the state is not abandoning neutrality among rival conceptions of the good.
2 citations
References
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01 Jan 1990
TL;DR: The body politics of Julia Kristeva and the Body Politics of JuliaKristeva as mentioned in this paper are discussed in detail in Section 5.1.1 and Section 6.2.1.
Abstract: Preface (1999) Preface (1990) 1. Subjects of Sex/Gender/Desire I. 'Women' as the Subject of Feminism II. The Compulsory Order of Sex/Gender/Desire III. Gender: The Circular Ruins of Contemporary Debate IV. Theorizing the Binary, the Unitary and Beyond V. Identity, Sex and the Metaphysics of Substance VI. Language, Power and the Strategies of Displacement 2. Prohibition, Psychoanalysis, and the Production of the Heterosexual Matrix I. Structuralism's Critical Exchange II. Lacan, Riviere, and the Strategies of Masquerade III. Freud and the Melancholia of Gender IV. Gender Complexity and the Limits of Identification V. Reformulating Prohibition as Power 3. Subversive Bodily Acts I. The Body Politics of Julia Kristeva II. Foucault, Herculine, and the Politics of Sexual Discontinuity III. Monique Wittig - Bodily Disintegration and Fictive Sex IV. Bodily Inscriptions, Performative Subversions Conclusion - From Parody to Politics
21,123 citations
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01 Jan 1989TL;DR: The authors argues that Black women are sometimes excluded from feminist theory and antiracist policy discourse because both are predicated on a discrete set of experiences that often does not accurately reflect the interaction of race and gender.
Abstract: This chapter examines how the tendency is perpetuated by a single-axis framework that is dominant in antidiscrimination law and that is also reflected in feminist theory and antiracist politics. It suggests that this single-axis framework erases Black women in the conceptualization, identification and remediation of race and sex discrimination by limiting inquiry to the experiences of otherwise-privileged members of the group. The chapter focuses on otherwise-privileged group members creates a distorted analysis of racism and sexism because the operative conceptions of race and sex become grounded in experiences that actually represent only a subset of a much more complex phenomenon. It argues that Black women are sometimes excluded from feminist theory and antiracist policy discourse because both are predicated on a discrete set of experiences that often does not accurately reflect the interaction of race and gender. The chapter discusses the feminist critique of rape and separate spheres ideology.
11,236 citations
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01 Jan 1990
TL;DR: Young as mentioned in this paper argues that normative theory and public policy should undermine group-based oppression by affirming rather than suppressing social group difference, and argues for a principle of group representation in democratic publics and for group-differentiated policies.
Abstract: This book challenges the prevailing philosophical reduction of social justice to distributive justice. It critically analyzes basic concepts underlying most theories of justice, including impartiality, formal equality, and the unitary moral subjectivity. Starting from claims of excluded groups about decision making, cultural expression, and division of labor, Iris Young defines concepts of domination and oppression to cover issues eluding the distributive model. Democratic theorists, according to Young do not adequately address the problem of an inclusive participatory framework. By assuming a homogeneous public, they fail to consider institutional arrangements for including people not culturally identified with white European male norms of reason and respectability. Young urges that normative theory and public policy should undermine group-based oppression by affirming rather than suppressing social group difference. Basing her vision of the good society on the differentiated, culturally plural network of contemporary urban life, she argues for a principle of group representation in democratic publics and for group-differentiated policies. "This is an innovative work, an important contribution to feminist theory and political thought, and one of the most impressive statements of the relationship between postmodernist critiques of universalism and concrete thinking.... Iris Young makes the most convincing case I know of for the emancipatory implications of postmodernism." --Seyla Benhabib, State University of New York at Stony Brook
7,816 citations
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01 Jan 1949
TL;DR: The Second Sex as discussed by the authors is a seminal work in the modern feminist upsurge that has transformed perceptions of the social relationship of man and women in our time, and it is at once a work of anthropology and sociology, of biology and psychoanalysis from the pen of a writer and novelist of penetrating imaginative power.
Abstract: Of all the writing that emerged from the existentialist movement, Simone de Beauvoir's groundbreaking study of women will probably have the most extensive and enduring impact. It is at once a work of anthropology and sociology, of biology and psychoanalysis, from the pen of a writer and novelist of penetrating imaginative power. THE SECOND SEX stands, four decades after its first appearance, as the first landmark in the modern feminist upsurge that has transformed perceptions of the social relationship of man and womankind in our time.
5,160 citations