The teaching of critical race, feminist, and queer theory generally, and of LGBT rights specifically, has developed into a discrete, contested, and politicised area of teaching in English law schools and beyond. While there is some academic discussion on the personal and political significance of ‘promoting LGBT rights’ within law schools, less considered is how ‘LGBT rights’ are shaped by the emotions of legal academics and how these emotions circumscribe what we imagine LGBT (...) rights can and/or should mean in law and critical legal study. To illustrate this dynamic, this paper uses critical race, feminist, and queer scholarship alongside work in the emerging field of Law and Emotion to articulate the ‘emotional grammar’ of teaching a Gender, Sexuality and Law unit at an English law school. Turning to autoethnography, I use my emotional experiences as a methodological tool to explore how emotions co-constitute the pedagogical, political, scholarly, and personal registers of LGBT rights as a descriptive, critical, and normative pursuit. In doing so, I use ‘emotional grammar’ as a novel way to map how emotions structure legal pedagogies invested in pursuing LGBT rights. Emotional grammar illustrates how emotions structure: (1) the articulation of LGBT rights as an object of study in law; (2) the pursuit of law to secure the rights of LGBT people; and (3) the shape of legal critique relating to LGBT rights. (shrink)

Malgré des changements législatifs "progressifs" concernant la communauté des lesbiennes, gays, bisexuels et transgenres et les technologies de reproduction assistée en Argentine, les femmes et leurs droits sexuels et reproductifs ont été négligés. Cet article présente une perspective critique de certaines de ces modifications législatives dans le pays. Il explique pourquoi certains législateurs et membres de la société sont prêts à défier une approche conservatrice, voire traditionnelle, pour certains groupes tout en ignorant les autres. Plusieurs facteurs sont en jeu. Il (...) n'y a pas une seule explication. Je souligne qu'un double standard frappant prévaut en Argentine en ce qui concerne les femmes et leurs droits sexuels et reproductifs. Je soutiens également qu'il existe une discrimination puissante, en particulier contre les femmes pauvres, qui continuent de souffrir et d'être "punies" à travers la criminalisation de l'avortement. (shrink)

Individuals typically resist changing their minds, but support for same-sex marriage increased from 35% to 61% between 2006-2016. What explains this anomaly?

The U.S.-led global LGBT human rights campaign, formalised on International Human Rights Day 2011, sutures human rights policing with a politics of protection. Centred on a singular LGBT victim of violence, the campaign’s multiple projects legitimate military and financial intervention under the auspices of human rights. This article examines the regulatory production of globalised LGBT rights through the nexus of international LGBT human rights/hate crime laws, U.S. asylum law, and equal (...) protection treatment of sexual orientation. I argue that the juridical and ideological frameworks that guide state action in each of these areas converge in the construction of an immutable LGBT identity that is the object of racialised, culturally othered violence. This rendering of sexual difference through the flattening of culture elides structural violence and advances human rights imperialism. (shrink)

The recent wave of same-sex marriage legalization marks the most significant human rights progress in decades. Nevertheless, the valuation effects on corporate America are unclear. While the arguments supporting marriage equality are largely in the domain of law and sociology, many prominent business leaders are actively engaged in campaigns advocating marriage equality. This suggests that the LGBT civil rights movement of our generation might have valuation implications for corporate America beyond human rights equality. This paper investigates (...) the market perception of state-level same-sex marriage legalization by examining the short-window market reactions to firms headquartered in a state. We find positive market reactions to firms headquartered in states that legally recognize marriage equality. Further, we find that the market views companies more favorably in: first-mover states before the Supreme Court ruling of United States v. Windsor, and states that have stronger anti-discrimination laws for the LGBT community. Our findings complement prior research that focuses on the economic consequences of firm-level LGBT human rights policies by examining the state/nation-level legal impact, adding a new dimension to ethical practices that can have economic consequences. (shrink)

We show that the U.S. anti-discriminatory laws prohibiting discrimination in the workplace based on sexual orientation and gender identity identities) spur innovation, which ultimately leads to higher firm performance. We use the Human Rights Campaign’s Corporate Equality Index of 398 U.S. firms between 2011 and 2014, and find a significantly positive relationship between CEI and firm innovation. We also find that an interacting effect of CEI and firm innovation leads to higher firm performance. We use our understanding of Rawls’ (...) Theory of Justice and stakeholder theory to show that firms with workplace diversity policies are likely to be more innovative and perform better than those without such policies. Our results are robust to endogeneity, reverse causality and simultaneity issues. Our results will trigger debate in similar markets around the globe on the economic benefits of LGBT workplace diversity policies for firms. (shrink)

The paper analyses the concept of equality in theoretical, philosophical, and practical context, as it appears in the programs of the Polish political parties. Inquiries regard the concept of equality for the LGBTQ community (lesbian, gay, bisexual, transgender, queer) in the context of human rights. The concept of human rights is discussed within the vertical and horizontal approach. The following questions are addressed: How do political parties relate to the concept of equality? Does equality appear in the political (...) programs, and if it does, then in relation to which social groups? Do political parties engage in the problem of equality with regard to the LGBTQ community? The aim of the paper is to indicate significant differences in this respect between political parties. (shrink)

A Gerwithian Framework for Protecting the Basic Human Rights of Lesbian, Gay, Bisexual, and Transgender (LGBT) People.

The Supreme Court’s construction of the Religious Freedom Restoration Act of 1993 (RFRA) in Hobby Lobby created a great fear among various civil rights groups, especially in the LGBT community, over what the Court might do next regarding rights of same-sex and transgender couples seeking legal protections in employment, housing, and public accommodations. Indeed, if Justice Alito’s majority position is taken for all that its logic implies, then, as Justice Ginsburg’s dissent warns, there is indeed much for (...) the civil rights community to be concerned about. However, as I show in this article, there are good reasons for not treating the Hobby Lobby case as broadly as the majority opinion’s logic might indicate. Hopefully, courts will be inclined to follow this direction. First, Justice Kennedy’s concurring opinion suggests that he joined the majority while also holding a much narrower understanding of the reasoning behind that opinion: namely, that because HHS had established an alternative means for meeting the needs of nonprofit employees where the employer had a religious objection, there was little reason in light of the importance of religious liberty not to extend that same alternative to closely held for-profit organizations. Second, a narrower interpretation of the Court’s opinion seems to better fit with RFRA’s legislative history, notwithstanding the majority’s concern that RLUIPA was passed to imply a broadened expansion of RFRA’s religious protections. It is equally possible and more consistent with RFRA’s adoption that, as the dissent notes, RLUIPA was meant to clarify “that courts should not question the centrality of a particular religious exercise.” Third, a narrow interpretation is more in keeping with the Court’s recognition of health care and equality as compelling concerns of many federal and state laws, alongside the protection of religious freedom. Finally, a narrow reading better resolves the conflict of rights lying in the background between the human right of freedom of conscience and the human right to well-being. It resolves this conflict by ensuring that no one suffers objective harm from either the denial of preventative health care or loss of civil rights protections when a compelling state interest is present, or the harm to conscience is less than substantial. (shrink)

This paper reports on a manual monitoring of online representations of LGBT persons in the Republic of Cyprus for the period April 2015–February 2016. The article contextualizes the prevalence of “hate speech” in online Greek Cypriot comments against LGBT individuals, and, more generally, against non-heterosexuals. Adopting a Foucauldian position vis-à-vis the social and discursive construction of sexuality, we outline, first, the socio-historical context with a focus on LGBT rights in the Republic of Cyprus and the nationalistic (...) project construing sexualities. We then examine the different levels of discursive discrimination practices, providing a snapshot of the types of “hate speech” referring to this topic typically found in such an environment. The focus is on identification of the frames used to construct LGBT identities, and their perception.We use in our title the word subject as defined by post-modernists and by Butler in particular : subject refers to “a socially produced ‘agent’ and ‘deliberator’ whose agency and thought is made possible by a language that precedes that ‘I’. In this sense the ‘I’ is produced through power ”. This paper focuses on the socially produced definition of the LGBT community in the context under study. We thus address the way in which sexuality is constructed within a compulsory and hegemonic heterosexuality and heteronormativity. We analyze our data i.e. comments focused on the LGBT community, with corpus linguistic tools as well as through a qualitative examination of the identified frames. Our analysis confirms an interface between nationalism and compulsory hegemonic heteronormativity in the Republic as well as the influence of the Orthodox Church and its beliefs. (shrink)

Vulnerability is a broad concept widely addressed in recent scholarly literature. Lesbian, gay, bisexual, and transgender people are among the vulnerable populations with significant disadvantages related to health and the social determinants of health. Medical ethics discourse tackles vulnerability from philosophical and political perspectives. LGBT people experience several disadvantages from both perspectives. This article aims to justify the right to health for LGBT people and their particular claims regarding healthcare because they belong to a vulnerable group. Rawls’ theory (...) of justice and Norman Daniels’ normal functioning approach will be discussed in this context. Despite the fact that the right to health can be justified by Daniels’ normal functioning approach, there is still a theoretical gap in justifying the right to health for particular vulnerable populations such as LGBT peopleand discussing society’s duty to compensate for these disadvantages. In search of solid theoretical grounds for the justification of the right to health for LGBT people, the present author takes the opportunity to utilize Daniels’ flexible definition of normal functioning to show that normal functioning not only varies by age but also by different states of human existence, including sexual orientation and gender identity, and to propose replacing the life span approach with normal states of human existence. (shrink)

I evaluate the argument advanced in politics and Christian ethics that I term ‘decolonial homophobia’: that decolonisation and LGBT+ affirmation are contradictory because LGBT+ rights are a global Northern phenomenon that is imperialistically imposed on the global South. I suggest one premise of the argument is valid—neo-colonial imposition of LGBT+ rights does happen and should be opposed. However, the overall argument fails because it erases or distorts diverse views and complexities of pre-colonial, colonial, and post-colonial (...) history, and it tacitly supports ‘homophobic nationalism’ that is oppressive even when advanced in ostensibly decolonial causes. I grant that there are tensions within many current expressions of decolonisation and LGBT+ rights, but argue that Christians should support both decolonisation and LGBT+ rights as intersecting justice issues. I close by suggesting we listen to global Southern LGBT+ activists like Uganda's kuchus on how to navigate this tension and pursue intersectional justice in all societies. (shrink)

What should be the aim of LGBT-inclusive, state-mandated curricula in liberal, pluralist societies? In this article, I identify two distinct aims that such curricula might have. The first, LGBT Respect, aims to teach that LGBT individuals have equal political status and rights. The second, LGBT Approval, aims to teach a positive attitude towards LGBT relationships, including that there is nothing wrongful about these forms of relationship. I examine what arguments in favour of these different (...) aims are available to the liberal concerned with accommodating pluralism. To capture this concern, I adopt political liberalism's strict standard for legitimate political interventions that these must have justifications that all reasonable citizens can accept. This initially seems to recommend curricula that aim at LGBT Respect but stop short of LGBT Approval. Can the political liberal go any further? I propose and critically discuss the most promising arguments in favour of LGBT Approval, including the need to prevent harm to children, ensure political equality, and secure the social conditions needed for the development of the primary good of self-respect. I tentatively conclude that there exists a cumulative case for state-mandated curricula aiming at LGBT Approval, at least in the contingent, nonideal circumstances that currently obtain. (shrink)

Our goal in producing this special issue is to encourage our colleagues to incorporate topics related to LGBT populations into bioethics curricula and scholarship. Bioethics has only rarely examined the ways in which law and medicine have defined, regulated, and often oppressed sexual minorities. This is an error on the part of bioethics. Medicine and law have served in the past as society's enforcement arm toward sexual minorities, in ways that robbed many people of their dignity. We feel that (...) bioethics has an obligation to discuss that history and to help us as a society take responsibility for it.We can address only a small number of topics in this special issue of the Hastings Center Report, and we selected topics we believe will stimulate discourse. Andrew Solomon offers an elegant overview of the challenges that bioethics faces in articulating a solid basis for LGBT rights. Timothy F. Murphy asks whether bioethics still faces issues related to lesbian, gay, and bisexual people, given the deletion of homosexuality as a disease and the progress toward same‐sex marriage. Jamie Lindemann Nelson's essay addresses the search for identity for transgender persons and the role of science in that search. Two articles, those by Brendan S. Abel and by Jack Drescher and Jack Pula, take up the complex issue of medical treatment for children who reject their assigned birth gender. Celia B. Fisher and Brian Mustanski address the special challenges of engaging LGBT youth in research, balancing the need for better information about this vulnerable group against the existing restrictions on research involving children. Tia Powell and Edward Stein consider the merits of legal bans on psychotherapies intended to change sexual orientation, particularly in the light of current research on orientation. Mary Beth Foglia and Karen I. Fredricksen‐Goldsen highlight health disparities and resilience among LGBT older adults and then discuss the role of nonconscious bias in perpetuating disparities. Stephan Davis and Nancy Berlinger assess the challenges of access to care and health policy for transgender persons. Edward J. Callahan et al. tackle the ways in which diverse aspects of medicine should change to better incorporate the needs of LGBT patients, including through use of the electronic medical record, education of health professionals, and recruitment efforts for LGBT health professionals. Virginia Ashby Sharpe and Uchenna S. Uchendu describe multifaceted efforts within Veterans Administration facilities to create change for LGBT veterans across the largest integrated health care network in the United States. Lance Wahlert and Autumn Fiester find a mixed record in the use of case studies in teaching about LGBT issues. (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.

A student guide to reconciling human rights with cultural difference, using political philosophy and real-life case studiesHow can universal human rights be reconciled with respect for wide cultural differences? This textbook introduces the core issues for students and addresses them through an interdisciplinary analysis of key case studies. Throughout the book, an alternative philosophical framework is offered as a model through which universalism and difference can be reconciled into a single global vision.Key FeaturesCombines the theory and application of (...) human rights to provide practical help for students and course leadersKey case studies examine the rights of women, ethnic and national minorities, indigenous peoples and religious communitiesAddresses a broad range of on-going political struggles and issues, including FGM, LGBT rights, freedom of speech and the rights of indigenous peoplesOutlines a new human rights-based philosophical perspective that enables students to understand human rights within culturally diverse environmentsHelpful student features include:Core questions: each chapter starts with 10 core questions, which students are invited to answer as they read to put what they learn into practiceFurther reading: every chapter ends with suggestions for further reading, to help students deepen their study in particular areasTwo-colour layout: blue text boxes and headings draw your attention to important information and make the book easier to read. (shrink)

This essay provides an analytic review of Jasbir Puar’s book, Terrorist Assemblages (2007), situating her discussion and analysis of “homonationalism” within the context of recent developments in queer theory in the USA, and specifically, critiques of queer liberalism and gay imperialism; racial analyses of hetero- and homo-normative formations; and challenges to identity politics and representational frameworks that dominate LGBT studies. It takes up Puar’s interest in finding new methods and ‘reading’ practices to track certain shifts in LGBT politics (...) and to account for alignments between (white) queerness and normative, nationalist and imperial interests. Engaging with and expanding on her analysis, this paper discusses the challenge that Terrorist Assemblage poses to the identity categories that undergird human rights campaigns, and addresses the racist and nationalist sentiments that she locates within them. (shrink)

The Ethics of Interdependence explores new global human rights duties through four case studies: mass incarceration in the United States, LGBT rights in Africa, women's rights in Saudi Arabia, and environmental rights in China. William Felice presents a 'human rights threshold' to identify unacceptable levels of human suffering that require urgent action by individuals, nations, and global institutions"--Provided by publisher.

Within health care systems, negative perceptions of lesbian, gay, bisexual, and transgender persons have often translated into denial of services, denial of visitation rights to same‐sex partners, reluctance on the part of LGBT patients to share personal information, and failure of workers to assess and recognize the unique health care needs of these patients. Other bureaucratic forms of exclusion have included documents, forms, and policies that fail to acknowledge a patient's valued relationships because of, for example, a narrow (...) definition of “spouse,” “parent,” or “family.” Bureaucratic exclusion has taken a particularly prominent form in the U.S. military. Until its repeal and termination in 2011, the “Don't Ask, Don't Tell” policy had for eighteen years barred openly gay men and lesbians from serving in the military. Among the effects of DADT is a dearth of information about the number and needs of LGBT service members who transition to the Veterans Health Administration for health care at the end of their military service. The long‐standing social stigma against LGBT persons, the silence mandated by DADT, and the often unrecognized bias built into the fabric of bureaucratic systems make the task of creating a welcoming culture in the VHA urgent and challenging.The VHA has accepted a commitment to that task. Its Strategic Plan for fiscal years 2013 through 2018 stipulates that “[v]eterans will receive timely, high quality, personalized, safe, effective and equitable health care irrespective of geography, gender, race, age, culture or sexual orientation.” To achieve this goal, the VHA undertook a number of coordinated initiatives to create an environment and culture that is informed, welcoming, positive, and empowering for the LGBT veterans and families whom the agency serves. (shrink)

The article argues that lesbian, gay, bisexual, and transgendered (LGBT) rights are a particular instantiation of human rights. But in order to make this argument several things must be done first. Preliminarily, it should be noted that some transgendered issues fall under the rubric "gay rights," even though strictly speaking, they center most prominently on gender and not sexual orientation. Still, there gender aspects are often ignored because of concerns related to sexual orientation, such as whether (...) a transgendered female can use a woman's washroom. Arguably, the reverse may also be true of gays, lesbians, and bisexuals, as many of society's concerns regarding this group involve their following gender roles, even though the discrimination against them is not usually seen as sex discrimination. Bearing that in mind, among the various responsibilities of this article is to define--in the broad sense--what gay and lesbian rights are. This is followed by a similar set of expressions defining what human rights are and an argument for how such rights get justified. Once that is done, the connection between gay and lesbian rights and human rights is pursued within the context of a theory of political morality that establishes the centrality of human rights to all moral concerns. (shrink)

Although there is clearly a need for evidenced‐based behavioral or biomedical prevention or treatment programs for suicide, substance abuse, and sexual health targeted to members of the LGBT population under the age of eighteen, few such programs exist, due in substantial part to limited research knowledge. Ambiguities in regulations that govern human subjects protections and the related inconsistencies in institutional review board (IRB) interpretations of regulatory language are the key reason for the lack of rigorous clinical trial evidence to (...) support treatment choices and prevention approaches to reducing health disparities for this population. Given the socially sensitive nature of suicide, substance abuse, and HIV and STI research in general and LGBT research specifically, in the absence of empirical data to guide their decisions, IRBs must often rely on subjective judgments of minimal risk, which can lead to overestimation of the magnitude and probability of psychological, social, and informational harms that might arise from LGBT youth participation in clinical trials. In addition, more than other youth, LGBT adolescents whose families are unaware of their sexual orientation or gender identity or whose families have victimized them on account of it may be reluctant to participate in studies that require guardian permission. This, in turn, intensifies problems of recruitment and unbiased sampling. However, many IRBs are reluctant to apply federal regulations permitting waiver of guardian permission under conditions in which such permission is clearly not “feasible” or “reasonable” to require. Consequently, many investigators have excluded LGBT individuals under eighteen years of age in health intervention research proposals because of anticipated or actual difficulties obtaining IRB approval. This situation is in conflict with current ethical discourse focusing on the right of youths to participate in trials that will protect them from receiving developmentally untested, inappropriate, and unsafe treatments. In this article, we describe these barriers and recommendations for providing LGBT youth safe and fair access to health research. (shrink)

Backlashing is a perennial challenge for human rights. Its manifestation in various forms including the repudiation of human rights standards or resistance to being evaluated by them has made the phenomena central to the discourses on human rights. The backlash or reversal of progress, a strong negative reaction, and counter reactions have been witnessed in various settings across the world. An analysis of the phenomena what can be called the backlash analysis is done in light of specific (...) rights like LGBT rights, women’s sexual and reproductive freedom, rights of immigrants and ethnic and religious minorities. The analysis also covers the behaviour of institutions and movements. The backlashers have been identified as state institutions, a group of states, movements and non-state actors. With growing attention on the subject, it is of great value to ascertain whether there a way to comprehensively understand it? (shrink)

In this overview, I begin by situating De-Moralizing Gay Rights within the field of queer studies/queer theory. I then delineate the book’s principal arguments. The book critically interrogates three sets of distortions in 21st century public discourse on LGBT+ rights in the United States. The first relates to the critique of pinkwashing, often advanced by scholars who claim to be proponents of a radical politics. I suggest that this critique sometimes suffers from analytical overreach. The second concerns (...) a recent US Supreme Court decision, Obergefell v. Hodges (2015), a judgment that established marriage equality across the 50 states. I argue that this judgment mobilizes the Court’s endorsement of two elements of homonormativity: amatonormativity and repronormativity. Instead of endorsing homonormativity, the Court should have employed an approach based on decisional minimalism. The third distortion occurs in Kenji Yoshino’s theorization of the concept of gay covering. Yoshino’s calls to dismantle cultural demands for gay covering turn out, I argue, to constitute an oppressive command to ‘gay-flaunt.’. (shrink)

Queer theorists have considered the problems concerning the political strategy of using LGBT rights to justify racist xenophobia and using homo/transphobia to consolidate heterosexist nationalism. Their timely interventions are important in exposing state violence in the name of human rights and sovereign equality, but they have offered no alternative. They may also have reinforced the assumption of state science. This assumption is based on a trinity structure of the nation-state-sovereignty of ‘modern, self-determining men’, who are against each (...) other and thereby co-built the so-called ‘international’. State-centric internationalism produces exclusionary effects that undermine the rights of sexual and gender minorities. To address this, I first consider the debate over ‘LGBT rights as human rights’, and identify two types of cultural relativism (epistemological and political) as the categories to formulate a decolonial response to the debate. In this article, queer political theorising is pushed forward to: 1) critically evaluate universalism, 2) differentiate cultural relativism (opposing the political version of it) and 3) revise the epistemological version with decolonial-queer praxis. I propose a pluralist approach to sovereignty and human rights; informed by this approach, the lack of international consensus is remedied by recognising the polyvocality within transnational queer activism beyond the monopoly of states’ representation of their own peoples. This proposal also aims to decentre modern statecraft from the political imagination of contemporary international studies scholarship. (shrink)

Sexual and gender minorities in contemporary India are formed in the interstices between the neoliberal, Hindutva state; transnational discourses of liberal democracy and sexual ‘rights’; as well as cosmopolitan culture and global LGBT movements. As is evident in recent court judgments and legislation, particularly since 2014, postcolonial Hindu nationalism has created cultural conditions where forms of queer gender are permissible while queer sexuality is generally unacceptable. In recent years, significant developments have focused on transgender communities, complicating activism surrounding (...) sexual and gender identities. By positing some identities as state-sanctioned acceptable citizens and others as not, certain ‘transgender’ individuals are conceptualised as bearers of rights while finding other facets of their identities discriminated against and maintained as illegal. The 2014 Supreme Court NALSA v. Union of India judgment and The Transgender Persons (Protection of Rights) Bill, 2016 passed by the Lok Sabha, alongside further judgments and legislation affecting wider LGBT communities, have kept discourses fixed on sexual and gender identities and their relationship to Indian citizenship at the forefront of discussions of gender justices and injustices in India today. Focusing on recent judicial and legislative developments, this paper examines how transgender rights are being granted in the context of the neoliberal, Hindutva state and considers which forms of transgender identity are currently being conceptualised as legitimate and authentic in such discourses, which can serve to bolster larger right-wing visions and ideologies of the nation and its citizens. It contemplates the ways in which gender ‘justices’, framed in relation to both transnational LGBT rights discourses and right-wing agendas, are conceptualised and played out on the bodies of sexual and gender minorities. (shrink)

Perhaps the biggest disconnect between philosophers and non-philosophers on the question of gun rights is over the relevance of arms to our dignitary interests. This essay attempts to address this gap by arguing that we have a strong prima facie moral right to resist with dignity and that violence is sometimes our most or only dignified method of resistance. Thus, we have a strong prima facie right to guns when they are necessary often enough for effective dignified resistance. This (...) approach is distinctively non-libertarian: it doesn’t justify gun rights on the basis of (mere) liberty or security. Nonetheless it is compatible with libertarian defenses of gun rights based on a liberty right to guns, and, if sound, in fact lowers the bar for gun rights in some ways, as it justifies access to guns even when nonviolent means would better achieve the liberty or security aims of potential victims. And although this defense of gun rights is most readily categorized as “conservative” or rightist, it relies upon principles and intuitions about dignity popular among progressives in other domains, such as in disability, women’s, or LGBT rights debates. (shrink)

The term non-governmental organisations (NGOs) has been well-known for the development of human rights, charity works and organisational developments. On the other hand, some NGOs also have their specialised roles to help the community such as in conflict resolution, cultural preservation, policy analysis and information provision. Apart from that, there are many categories of NGOs: Islamic-oriented non-governmental organisation (IONGOs), faith-based organisation (FBO), humanitarian NGOs (HNGOs) and government organised NGOs (GONGOs). However, in this research, the researchers focus on how IONGOs (...) compare with NGOs in assisting the lesbian, gay, bisexual, and transgender (LGBT) community based on four hijrah NGOs: Persatuan Islah Movement, Persatuan Insaf Pahang, Hijrah Republique Network and Usrah Iqrak. These four NGOs were chosen because of their roles in assisting the LGBT community. In this research, the researchers adapt the qualitative research by using a case study method; phenomenological approaches and a document analysis have also been applied as well. The result shows that these four IONGOs are different from the NGOs based on the seven typologies applied: intersection, distinct, substantive, subset, co-existing, atomistic grouping and constitutive. The implications of this article highlight the fact that IONGOs are different from the LGBT NGOs in Malaysia as they focus more on spirituality and an Islamic pathway. Hence, future research should include focus group interviews with all the members in NGOs that assist the LGBT hijrah in the community. Contribution: This study contributes to LGBT hijrah community and its relationship towards the establishment of Islamic-oriented non-governmental organisation (IONGOs). (shrink)

Recognizing the right of LGBT students and educators to be out at school.

A great deal of constructivist international relations research on norms focuses on the diffusion of liberal human rights values. In contrast, this article analyzes how critics seek to undermine human rights principles in contexts where human rights norms are increasingly hegemonic. It argues that when norm challengers are frustrated by the institutionalization of human rights, they engage in transnational strategies to pursue their agendas. In norm proxy war, actors patronize surrogates in locales where norms are weak (...) in the hope that victories abroad will reverberate internationally and at home. This dynamic is illustrated by American evangelical sponsorship of political homophobia in Uganda, culminating in that country’s draconian anti-LGBT legislation. When norms are resisted through outsourcing, actors contract out human rights violations in an effort to erode norms through practice, as evidenced by patterns of extraterritorial detention and extraordinary rendition to torture in the post-9/11 “Global War on Terror.” Identifying these patterns broadens understanding of potential pathways of norm contestation. (shrink)

In the United States and Europe, an increasing emphasis on equality has pitted rights claims against each other, raising profound philosophical, moral, legal, and political questions about the meaning and reach of religious liberty. Nowhere has this conflict been more salient than in the debate between claims of religious freedom, on one hand, and equal rights claims made on the behalf of members of the lesbian, gay, bisexual, and transgender community, on the other. As new rights for (...) LGBT individuals have expanded in liberal democracies across the West, longstanding rights of religious freedom -- such as the rights of religious communities to adhere to their fundamental teachings, including protecting the rights of conscience; the rights of parents to impart their religious beliefs to their children; and the liberty to advance religiously-based moral arguments as a rationale for laws -- have suffered a corresponding decline. Timothy Samuel Shah, Thomas F. Farr, and Jack Friedman's volume, Religious Freedom and Gay Rights brings together some of the world's leading thinkers on religion, morality, politics, and law to analyze the emerging tensions between religious freedom and gay rights in three key geographic regions: the United States, the United Kingdom, and continental Europe. What implications will expanding regimes of equality rights for LGBT individuals have on religious freedom in these regions? What are the legal and moral frameworks that govern tensions between gay rights and religious freedom? How are these tensions illustrated in particular legal, political, and policy controversies? And what is the proper way to balance new claims of equality against existing claims for freedom of religious groups and individuals? Religious Freedom and Gay Rights offers several explorations of these questions. (shrink)

Gewirth’s theory of human rights has made a major contribution to philosophy. In this edited collection, contributors from a broad range of disciplines discuss the theoretical and practical application of Gewirthian theory to current world issues. Case studies highlight mental health, the LGBT community, intellectual disabilities, global economic inequality, and market instability to provide a truly interdisciplinary study. This important contribution to human rights scholarship provides a platform for further discussion of Gewirthian theory. It will be of (...) interest to those researching moral, legal, and political philosophy, as well as policy makers, social workers, and medical staff. (shrink)

Muslim women and Muslim members of the Lesbian, Gay, Bisexual, and Transgender (LGBT) community face a specific form of dual subordination in relation to their gender and sexuality. A Muslim woman might seek solace from India's patriarchal religious judicial structures only to find that the secular system's patriarchal structures likewise aid in their subordination and create a space for new forms of such subordination. Similarly, a marginalized LGBT Muslim might attempt to reject an oppressive religious formulation only to (...) come to find that the secular Indian state might criminalize a particular form of sexuality. This analysis explores how Indian laws "give meaning" to sexuality through the legal structures manifested by state and religious regulatory bodies and argues that both religious and state legal institutions need to be reformed to create a legal environment that furthers rather than inhibits a full realization of sexual rights. (shrink)

This essay assesses the debate over “moral reading” and “originalist” approaches to constitutional interpretation, as elaborated in James E. Fleming, Fidelity to Our Imperfect Constitution: For Moral Readings and Against Originalism (2015), by evaluating the recent, momentous constitutional controversy in the United Sates of America over access by same-sex couples to civil marriage. Justice Kennedy’s landmark majority opinion in Obergefell v. Hodges (2015), which held that such couples have a fundamental right to marry, employed a “moral reading” in emphasizing evolving (...) understandings of constitutional guarantees of equality, the “promise of liberty” and the institution of marriage. By contrast to the dissenters, the majority rejected a static, narrow reading of the fundamental right to marry —and marriage— and stressed the role “insight” and generational progress. Evolving understanding played a similar role in Goodridge v. Department of Public Health (2013), which provided a template for Kennedy’s rejection of a narrow originalism focused only on historical practices or original intent. Such moral readings of the Constitution have played a significant role in making the Fourteenth Amendment less of (in Justice Ginsburg’s words) an “empty cupboard” for gay men and lesbians, just as they have played a role in making it less empty in the context of sex equality. This essay demonstrates how the contrasting approaches to interpretation in the majority and dissenting opinions in DeBoer v. Snyder (reversed by Obergefell) previewed the interpretive battle between the Obergefell majority and dissents, but with the sides reversed. It then observes that, while some legal scholars offered, in amicus briefs filed in Obergefell, originalist arguments for same-sex marriage, such arguments persuaded neither other originalist scholars nor the Obergefell dissenters. (shrink)

This reflection draws upon two recent ‘moments’ in British sexuality politics—a series of Parliamentary debates on Global LGBT rights and Brighton Pride’s campaign to ‘Highlight Global LGBT Communities’. It contrasts these two moments in order to demonstrate how, at a time when LGBT rights have ostensibly been ‘won’ in the UK, there is an increasing tendency to shift focus to the persecution of SOGI minorities elsewhere in the world. This shift in focus sets up a (...) binary of here versus there that is politically persuasive but ultimately limited and limiting. By reflecting on the way that this growing trend of creating sexual politics elsewhere occurs in two very different locations in British politics and activism, we seek to begin a conversation about the relational affects of placing sexual politics ‘elsewhere’. (shrink)

This paper reports on a manual monitoring of online representations of LGBT persons in the Republic of Cyprus for the period April 2015–February 2016. The article contextualizes the prevalence of “hate speech” in online Greek Cypriot comments against LGBT individuals, and, more generally, against non-heterosexuals. Adopting a Foucauldian position vis-à-vis the social and discursive construction of sexuality, we outline, first, the socio-historical context with a focus on LGBT rights in the Republic of Cyprus and the nationalistic (...) project construing sexualities. We then examine the different levels of discursive discrimination practices, providing a snapshot of the types of “hate speech” referring to this topic typically found in such an environment. The focus is on identification of the frames used to construct LGBT identities, and their perception.We use in our title the word subject as defined by post-modernists and by Butler in particular : subject refers to “a socially produced ‘agent’ and ‘deliberator’ whose agency and thought is made possible by a language that precedes that ‘I’. In this sense the ‘I’ is produced through power ”. This paper focuses on the socially produced definition of the LGBT community in the context under study. We thus address the way in which sexuality is constructed within a compulsory and hegemonic heterosexuality and heteronormativity. We analyze our data i.e. comments focused on the LGBT community, with corpus linguistic tools as well as through a qualitative examination of the identified frames. Our analysis confirms an interface between nationalism and compulsory hegemonic heteronormativity in the Republic as well as the influence of the Orthodox Church and its beliefs. (shrink)

Allies are extremely important to LGBT rights. Though we don’t often enumerate what tasks we expect allies to do, a fairly common conception is that allies “support the LGBT community.” In the first section I introduce three difficulties for this position that collectively suggest it is conceptually insufficient. I then develop a positive account by starting with whom allies are allied to instead of what allies are supposed to do. We might obviously say here that allies are (...) allied to the LGBT community, but I will argue that this community is better thought of as a loose coalition because there are often intersectional issues and conflicting interests that challenge any unified sense of community. I argue that people typically become allies because a friend or family member is experiencing some kind of specific harm; if that harm or discrimination is what causally explains why people become allies, then allies are required to do more than we commonly think. Although allies have a prima facie obligation to honor what members of a subcommunity identify as a harm, this obligation is defeasible if an ally believes fulfilling the obligation would be harmful. I conclude by looking at how we can understand what an ally is in terms of a larger discussion about moral obligations. If people already have these obligations, whatever they are, because morality requires it, then the status “ally” is redundant. I conclude by showing that certain social statuses can not only transform or reprioritize prior moral commitments, but can also introduce new kinds of responsibility that an agent did not have before. (shrink)

During the current COVID-19 pandemic, misinformation is a major challenge, raising several social and psychological concerns. This article highlights the prevailing misinformation as an outbreak containing hoaxes, myths, and rumours. In comparison to traditional media, online media platforms facilitate misinformation even more widely. To further affirm this ethical concern, the researchers cite relevant studies demonstrating the role of new media in misinformation and its potential consequences. Besides other significant psychosocial impacts, such as xenophobia, psychological distress, LGBT rights violation, (...) gender-based violence, misinformation is undermining healthcare workers’ psychological health and their efforts to mitigate the impact of COVID-19. In view of the adverse consequences of misinformation, this article addresses it as a massive ethical challenge during the current outbreak. Thus, the researchers make relevant suggestions to evaluate misinformation sources and mitigate the psychosocial impacts attributed to misinformation during crises. They include forming mental health teams comprising of psychologists, psychiatrists, and trained paramedical staff; rapid dissemination of authentic and updated COVID-19 situation reports regularly; establishing helpline services; and recognizing a broader range of personal needs. All health authorities should make clear that they are listening and responding to public concerns. Much effort is needed to counteract COVID-19 misinformation. (shrink)

This book explores emerging conflicts about religious liberty and discrimination. In point-counterpoint format, it brings together longtime LGBT rights advocate John Corvino and rising conservative thinkers Ryan T. Anderson and Sherif Girgis to debate Religious Freedom Restoration Acts, anti-discrimination law, and age-old questions about identity, morality, and society.

This essay dwells in the interstitial space between human and nonhuman species attributions to consider the dense political and theoretical activity that the domain capacitates. It begins by discussing the bifurcated funding work of the Arcus Foundation – LGBT rights and great ape conservation – as a means of examining how currently prevailing species divisions that putatively work through expansive notions of embodiment in actuality deploy the same logics present in colonial schemes of bodily division. It then relatedly (...) considers an intimate transspecies relationship between a human, Sandra Herold, and a chimpanzee, Travis, which ended tragically. The essay then puts the concepts of trans* and animacy into productive tension to explore how life and liveness become contingently associated with certain bodies through shifting processes of racial and sexual division. Building from these conceptual framings, it preliminarily introduces a new analytic tool, trans*plant, to facilitate more comprehensive analyses of how bodies move across media, and what those movements facilitate in terms of reproducing or disrupting embodiment categories that rely on naturalized understandings of bodily difference. (shrink)

Should we always engage in critical thinking about issues of public policy, such as health care, gun control, and LGBT rights? Michael Huemer (2005) has argued for the claim that in some cases it is not epistemically responsible to engage in critical thinking on these issues. His argument is based on a reliabilist conception of the value of critical thinking. This article analyzes Huemer's argument against the epistemic responsibility of critical thinking by engaging it critically. It presents an (...) alternative account of the value of critical thinking that is tied to the notion of forming and deploying a critical identity. And it develops an account of our epistemic responsibility to engage in critical thinking that is not dependent on reliability considerations alone. The primary purpose of the article is to provide critical thinking students, or those that wish to reflect on the value of critical thinking, with an opportunity to think metacritically about critical thinking by examining an argument that engages the question of whether it is epistemically responsible for one to engage in critical thinking. (shrink)

The prominent call to legalise same-sex marriage in Australia raises questions concerning whether its achievement will result in amplified societal acceptance of lesbian, gay, bisexual, and transgender (LGBT) people, and on what grounds this acceptance will take place. Same-sex marriage may not challenge heteronormative and patriarchal features typically associated with marriage, and may serve to reinforce a hierarchy that promotes traditional marriage as the ideal relationship structure. This may result in only assimilationist acceptance of LGBT people. However, the (...) consequence of inclusion to marriage ought to reflect social acceptance of LGBTs as people worthy of equal treatment in dignity and in rights, regardless of perceived differences or similarities to a supposed majority standard. This article argues that justice would be best served by introducing and promoting a variety of State-sanctioned unions whilst simultaneously introducing same-sex marriage. This ‘pluralisation strategy’ would increase awareness and legitimacy of other relationship-recognition options, promoting respectful acceptance of LGBT and heterosexual people alike. (shrink)

Conceptualized outside the theoretical framing of both liberal as well as critical approaches, this book re-imagines the law by exploring the contradictions and polarities of in terms of its relationship with violence. It encompasses and interweaves themes and ideas as diverse as death penalty, community might, state sovereignty on the one hand, to animal rights, sexual consent, children's agency and LGBT rights, on the other. While acknowledging that law is fundamentally and inherently tied to violence, the objective (...) of this eclectic collection is to respond to and engage with the violence of law by exploring alternate ways of conceptualizing, reading, practising, and making the law. (shrink)

Culture and cognition work together dynamically every time a spectator interprets meaning during a performance. In this study, Bruce McConachie examines the biocultural basis of all performance, from its origins and the cognitive processes that facilitate it, to what keeps us coming back for more. To effect this major reorientation, McConachie works within the scientific paradigm of enaction, which explains all human activities, including performances, as the interactions of mental, bodily, and ecological networks. He goes on to use our biocultural (...) proclivity for altruism, as revealed in performance, to explore our species' gradual ethical progress on such matters as the changing norms of religious sacrifice, slavery, and LGBT rights. Along the way, the book engages with a wide range of performances, including Richard Pryor's stand-up, the film Titanic, aerialist performances, American football, and the stage and film versions of A Streetcar Named Desire. (shrink)

According to the Constitution of the Republic of Poland, every citizen has the right to health care. Unfortunately, some disadvantaged or minority groups have difficulties accessing a general practitioner, psychologist or other specialists in broader medical care. The article reviews scientific research on the issues outlined in the title using the following groups as examples: persons with a substance abuse disorder, the elderly, people with HIV or AIDS, immigrants, refugees and people from the LGBT community. For years, the World (...) Health Organization has stressed that improving the health of members of socially excluded groups can improve the health of the entire population. However, there is still no program in Poland focusing on combating inequalities in the healthcare system. The article presents research results from other countries. Unfortunately, in Poland, there is still a lack of studies on minority groups, their access to the health care system, and the attitudes towards those groups of medical personnel. (shrink)