Cheshire Calhoun
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199257669
- eISBN:
- 9780191598906
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199257663.001.0001
- Subject:
- Political Science, Political Theory
This book is about placing sexual orientation politics within feminist theorizing. It is also about defining the central political issues confronting lesbian and gay men. It brings the study of ...
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This book is about placing sexual orientation politics within feminist theorizing. It is also about defining the central political issues confronting lesbian and gay men. It brings the study of lesbians from the margins of feminist theory to the centre by critiquing the analytic frameworks employed within feminist theory that render invisible the difference of lesbians from heterosexual women. The basic features of lesbian and gay subordination are also addressed by exploring the differences between heterosexual dominance and gender and race relations. Throughout the book, the aim is to re‐centre lesbian and gay politics away from concern with sexual regulations and towards concern with the displacement of gays and lesbians from the public sphere of visible citizenship and from the private sphere of romance, marriage, and family.Less
This book is about placing sexual orientation politics within feminist theorizing. It is also about defining the central political issues confronting lesbian and gay men. It brings the study of lesbians from the margins of feminist theory to the centre by critiquing the analytic frameworks employed within feminist theory that render invisible the difference of lesbians from heterosexual women. The basic features of lesbian and gay subordination are also addressed by exploring the differences between heterosexual dominance and gender and race relations. Throughout the book, the aim is to re‐centre lesbian and gay politics away from concern with sexual regulations and towards concern with the displacement of gays and lesbians from the public sphere of visible citizenship and from the private sphere of romance, marriage, and family.
Jacques Balthazart
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199838820
- eISBN:
- 9780199919512
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199838820.001.0001
- Subject:
- Neuroscience, Neuroendocrine and Autonomic, Development
This book presents a simple description of the biological mechanisms that are involved in the determination of sexual orientation in animals and also presumably in humans. Using scientific studies ...
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This book presents a simple description of the biological mechanisms that are involved in the determination of sexual orientation in animals and also presumably in humans. Using scientific studies published over the last few decades, it argues that sexual orientation, both homosexual and heterosexual, is under the control of embryonic endocrine and genetic phenomena in which there is little room for individual choice. The book begins with animal studies of the hormonal and neural mechanisms that control the so-called instinctive behaviors and analyzes how this animal work may potentially apply to humans. The book does not focus exclusively on homosexuality, however. Instead, the book acts as a broader guide to the biological basis of sexual orientation, and also discusses important gender differences that may influence sexual orientation.Less
This book presents a simple description of the biological mechanisms that are involved in the determination of sexual orientation in animals and also presumably in humans. Using scientific studies published over the last few decades, it argues that sexual orientation, both homosexual and heterosexual, is under the control of embryonic endocrine and genetic phenomena in which there is little room for individual choice. The book begins with animal studies of the hormonal and neural mechanisms that control the so-called instinctive behaviors and analyzes how this animal work may potentially apply to humans. The book does not focus exclusively on homosexuality, however. Instead, the book acts as a broader guide to the biological basis of sexual orientation, and also discusses important gender differences that may influence sexual orientation.
Cheshire Calhoun
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199257669
- eISBN:
- 9780191598906
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199257663.003.0001
- Subject:
- Political Science, Political Theory
This introductory chapter lays the groundwork for future chapters by suggesting that feminist theorizing must make a methodological shift from thinking that heterosexism is just a by‐product of ...
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This introductory chapter lays the groundwork for future chapters by suggesting that feminist theorizing must make a methodological shift from thinking that heterosexism is just a by‐product of sexism, to thinking of lesbian and gay subordination as a separate axis of oppression that intersects with gender, race, and class axes of oppression. It also introduces the two central features of lesbian and gay subordination. The first of these is that the principal damaging effect of a heterosexist system is that it displaces lesbians and gays from both the public and private spheres of civil society so that they have no legitimated social location. The second is that the principal ideologies rationalizing lesbian and gay displacement are that there are only two natural and normal sexes/genders; that lesbian and gay sexuality is excessive, compulsive, and disconnected from romantic love; and that, for a variety of reasons, lesbians and gays are unfitted for marital and family life. The last part of the chapter makes general remarks on how the book fits into the essentialist–constructionist controversy.Less
This introductory chapter lays the groundwork for future chapters by suggesting that feminist theorizing must make a methodological shift from thinking that heterosexism is just a by‐product of sexism, to thinking of lesbian and gay subordination as a separate axis of oppression that intersects with gender, race, and class axes of oppression. It also introduces the two central features of lesbian and gay subordination. The first of these is that the principal damaging effect of a heterosexist system is that it displaces lesbians and gays from both the public and private spheres of civil society so that they have no legitimated social location. The second is that the principal ideologies rationalizing lesbian and gay displacement are that there are only two natural and normal sexes/genders; that lesbian and gay sexuality is excessive, compulsive, and disconnected from romantic love; and that, for a variety of reasons, lesbians and gays are unfitted for marital and family life. The last part of the chapter makes general remarks on how the book fits into the essentialist–constructionist controversy.
Melissa Hines
- Published in print:
- 2005
- Published Online:
- May 2009
- ISBN:
- 9780195188363
- eISBN:
- 9780199865246
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195188363.003.0005
- Subject:
- Neuroscience, Neuroendocrine and Autonomic, Development
This chapter discusses the relationship of core gender identity, sexual orientation, and libido to gonadal hormones. Data suggest that core gender identity and sexual orientation relate to the early ...
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This chapter discusses the relationship of core gender identity, sexual orientation, and libido to gonadal hormones. Data suggest that core gender identity and sexual orientation relate to the early hormone environment (organizational influences of hormones), whereas libido, or the strength of sexual interest, relates more strongly to the hormone environment in adulthood (activational influences of hormones). This is consistent with evidence that sexual orientation and core gender identity relate to perinatal hormone abnormalities, but are not influenced by changing hormone levels in adulthood. In contrast, libido is activated by hormones that are present postpubertally, particularly androgens, with no evidence that high levels of androgens prenatally enhance libido.Less
This chapter discusses the relationship of core gender identity, sexual orientation, and libido to gonadal hormones. Data suggest that core gender identity and sexual orientation relate to the early hormone environment (organizational influences of hormones), whereas libido, or the strength of sexual interest, relates more strongly to the hormone environment in adulthood (activational influences of hormones). This is consistent with evidence that sexual orientation and core gender identity relate to perinatal hormone abnormalities, but are not influenced by changing hormone levels in adulthood. In contrast, libido is activated by hormones that are present postpubertally, particularly androgens, with no evidence that high levels of androgens prenatally enhance libido.
Susan D. Cochran and Vickie M. Mays
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199765218
- eISBN:
- 9780199979585
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199765218.003.0015
- Subject:
- Psychology, Developmental Psychology
This chapter focuses on four key topics related to sexual orientation and mental health. First, it highlights several methodological issues that are relevant to understanding research on the ...
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This chapter focuses on four key topics related to sexual orientation and mental health. First, it highlights several methodological issues that are relevant to understanding research on the associations between sexual orientation and mental health morbidity and its treatment. Second, it reviews findings from primarily population-based or systematically sampled surveys for evidence of sexual orientation-related disparities in mental health morbidity. The emphasis is on those studies that either included heterosexual comparison groups or used sophisticated research designs to minimize uncontrolled selection bias. Third, it presents preliminary findings from several population-based studies investigating sexual orientation-related differences in patterns of mental health services use. Finally, the chapter closes with some discussion of important future directions for research on sexual orientation and mental health, particularly in the context of large-scale population-based surveys.Less
This chapter focuses on four key topics related to sexual orientation and mental health. First, it highlights several methodological issues that are relevant to understanding research on the associations between sexual orientation and mental health morbidity and its treatment. Second, it reviews findings from primarily population-based or systematically sampled surveys for evidence of sexual orientation-related disparities in mental health morbidity. The emphasis is on those studies that either included heterosexual comparison groups or used sophisticated research designs to minimize uncontrolled selection bias. Third, it presents preliminary findings from several population-based studies investigating sexual orientation-related differences in patterns of mental health services use. Finally, the chapter closes with some discussion of important future directions for research on sexual orientation and mental health, particularly in the context of large-scale population-based surveys.
Melissa Hines
- Published in print:
- 2005
- Published Online:
- May 2009
- ISBN:
- 9780195188363
- eISBN:
- 9780199865246
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195188363.001.1
- Subject:
- Neuroscience, Neuroendocrine and Autonomic, Development
How important are biological factors, such as hormones, in shaping our sexual destinies? This book brings social developmental, biological, and clinical psychological perspectives to bear on the ...
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How important are biological factors, such as hormones, in shaping our sexual destinies? This book brings social developmental, biological, and clinical psychological perspectives to bear on the factors that shape our development as male or female and that cause individuals within each sex to differ from one another in sex-related behaviors. Topics covered include sexual orientation, childhood play; spatial, mathematical, and verbal abilities; nurturance, aggression, dominance, handedness, brain structure, and gender identity.Less
How important are biological factors, such as hormones, in shaping our sexual destinies? This book brings social developmental, biological, and clinical psychological perspectives to bear on the factors that shape our development as male or female and that cause individuals within each sex to differ from one another in sex-related behaviors. Topics covered include sexual orientation, childhood play; spatial, mathematical, and verbal abilities; nurturance, aggression, dominance, handedness, brain structure, and gender identity.
Jacques Balthazart
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199838820
- eISBN:
- 9780199919512
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199838820.003.0022
- Subject:
- Neuroscience, Neuroendocrine and Autonomic, Development
Unlike other aspects of human sexuality that have no equivalent in the animal, sexual orientation can be easily studied in animals. The test animal can be offered a choice between a male or female ...
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Unlike other aspects of human sexuality that have no equivalent in the animal, sexual orientation can be easily studied in animals. The test animal can be offered a choice between a male or female sexual partner, and the observer can record toward which of these partners the test animal orients its sexual behavior. This type of research is not as developed as the research on sexual behavior in the stricter sense, and it was started more recently. However, two important principles are already firmly established: firstly, that the sexual orientation of reproductive behavior is controlled, both in adulthood and during its development from conception through maturation, by the same hormones that control sexual behavior; and secondly, that these hormones act in the same brain regions to activate sexual behavior and determine its orientation. This chapter summarizes these data as they establish the theoretical context from which it is proposed, thereafter, an explanatory model of human homosexuality based on early (embryonic) and irreversible effects of sex steroids.Less
Unlike other aspects of human sexuality that have no equivalent in the animal, sexual orientation can be easily studied in animals. The test animal can be offered a choice between a male or female sexual partner, and the observer can record toward which of these partners the test animal orients its sexual behavior. This type of research is not as developed as the research on sexual behavior in the stricter sense, and it was started more recently. However, two important principles are already firmly established: firstly, that the sexual orientation of reproductive behavior is controlled, both in adulthood and during its development from conception through maturation, by the same hormones that control sexual behavior; and secondly, that these hormones act in the same brain regions to activate sexual behavior and determine its orientation. This chapter summarizes these data as they establish the theoretical context from which it is proposed, thereafter, an explanatory model of human homosexuality based on early (embryonic) and irreversible effects of sex steroids.
Jacques Balthazart
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199838820
- eISBN:
- 9780199919512
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199838820.003.0042
- Subject:
- Neuroscience, Neuroendocrine and Autonomic, Development
Two major types of biological nonexclusive explanations have been advanced to explain homosexual sexual behavior. Either it is controlled by hormonal factors that are known to play a role in the ...
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Two major types of biological nonexclusive explanations have been advanced to explain homosexual sexual behavior. Either it is controlled by hormonal factors that are known to play a role in the control of animal behavior and sexual orientation, or it depends on genetic factors that work independently of hormones or by altering their production or action. This chapter considers arguments that suggest the existence of hormonal control mechanisms of homosexuality. The studies reviewed show that homosexuality in men and women is significantly associated with a range of physical, functional, and behavioral characteristics that are modified from what is normally seen in heterosexual individuals. These characteristics are not changed in all studies, however, and are not always observed in both sexes.Less
Two major types of biological nonexclusive explanations have been advanced to explain homosexual sexual behavior. Either it is controlled by hormonal factors that are known to play a role in the control of animal behavior and sexual orientation, or it depends on genetic factors that work independently of hormones or by altering their production or action. This chapter considers arguments that suggest the existence of hormonal control mechanisms of homosexuality. The studies reviewed show that homosexuality in men and women is significantly associated with a range of physical, functional, and behavioral characteristics that are modified from what is normally seen in heterosexual individuals. These characteristics are not changed in all studies, however, and are not always observed in both sexes.
Mark Bell
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199244508
- eISBN:
- 9780191697371
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199244508.001.0001
- Subject:
- Law, Human Rights and Immigration, EU Law
The 1999 Treaty of Amsterdam expanded significantly the legal competence of the European Union for combatting discrimination. Traditionally, EU law has concentrated on discrimination between women ...
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The 1999 Treaty of Amsterdam expanded significantly the legal competence of the European Union for combatting discrimination. Traditionally, EU law has concentrated on discrimination between women and men and discrimination on the grounds of EU nationality. However, Article 13 EC created a new legal space for the Union to regulate discrimination on the ground of racial or ethnic origin, religion or belief, disability, age, or sexual orientation. This book aims to improve our understanding of the evolution of European Union law in the field. To this end, it considers the development of EU law and policy in respect of two specific grounds of discrimination — race and sexual orientation. It provides an account of the debate within the institutions and Member States, analysis of relevant case law from the Court of Justice, and coverage of the anti-discrimination directives adopted in 2001. The book further considers the relationship between national and European anti-discrimination law. A survey of national anti-discrimination statutes is presented in order to identify the variety of legal traditions that exist in this field. The diversity of these legal cultures impacts significantly upon the scope for and nature of EU anti-discrimination legislation. The author concludes by reviewing the principle factors that have influenced the evolution of EU anti-discrimination law and applying this to an analysis of the prospects for future development.Less
The 1999 Treaty of Amsterdam expanded significantly the legal competence of the European Union for combatting discrimination. Traditionally, EU law has concentrated on discrimination between women and men and discrimination on the grounds of EU nationality. However, Article 13 EC created a new legal space for the Union to regulate discrimination on the ground of racial or ethnic origin, religion or belief, disability, age, or sexual orientation. This book aims to improve our understanding of the evolution of European Union law in the field. To this end, it considers the development of EU law and policy in respect of two specific grounds of discrimination — race and sexual orientation. It provides an account of the debate within the institutions and Member States, analysis of relevant case law from the Court of Justice, and coverage of the anti-discrimination directives adopted in 2001. The book further considers the relationship between national and European anti-discrimination law. A survey of national anti-discrimination statutes is presented in order to identify the variety of legal traditions that exist in this field. The diversity of these legal cultures impacts significantly upon the scope for and nature of EU anti-discrimination legislation. The author concludes by reviewing the principle factors that have influenced the evolution of EU anti-discrimination law and applying this to an analysis of the prospects for future development.
David Oliviere, Barbara Monroe, and Sheila Payne (eds)
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199599295
- eISBN:
- 9780191731532
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199599295.001.0001
- Subject:
- Palliative Care, Patient Care and End-of-Life Decision Making
Society has become increasingly diverse: multi-cultural, multi-faith, and wide ranging in family structures. The wealthier are healthier and social inequalities are more pronounced. Respecting and ...
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Society has become increasingly diverse: multi-cultural, multi-faith, and wide ranging in family structures. The wealthier are healthier and social inequalities are more pronounced. Respecting and working with the range of ‘differences’ among service users, families, and communities in health and social care with ill, dying, and bereaved people is a neglected area in the literature. As the principles of palliative and end-of-life care increasingly permeate the mainstream of health and social care services, it is important that professionals are sensitive and respond to the differing needs of individuals from diverse socio-economic backgrounds, ethnicities, beliefs, abilities, and sexual orientations, as well as to the different contexts and social environments in which people live and die. This book explores what underpins inequality, disadvantage, and injustice in access to good end-of-life care. Increasingly clinicians, policy planners, and academics are concerned about inequity in service provision. Internationally, there is an increasing focus and sense of urgency both on delivering good care in all settings regardless of diagnosis, and on better meeting the needs of vulnerable and disadvantaged groups. National initiatives emphasize the importance of resolving disparities in care and harnessing empowered user voices to drive change.Less
Society has become increasingly diverse: multi-cultural, multi-faith, and wide ranging in family structures. The wealthier are healthier and social inequalities are more pronounced. Respecting and working with the range of ‘differences’ among service users, families, and communities in health and social care with ill, dying, and bereaved people is a neglected area in the literature. As the principles of palliative and end-of-life care increasingly permeate the mainstream of health and social care services, it is important that professionals are sensitive and respond to the differing needs of individuals from diverse socio-economic backgrounds, ethnicities, beliefs, abilities, and sexual orientations, as well as to the different contexts and social environments in which people live and die. This book explores what underpins inequality, disadvantage, and injustice in access to good end-of-life care. Increasingly clinicians, policy planners, and academics are concerned about inequity in service provision. Internationally, there is an increasing focus and sense of urgency both on delivering good care in all settings regardless of diagnosis, and on better meeting the needs of vulnerable and disadvantaged groups. National initiatives emphasize the importance of resolving disparities in care and harnessing empowered user voices to drive change.
Robert Wintemute
- Published in print:
- 1993
- Published Online:
- March 2012
- ISBN:
- 9780198264880
- eISBN:
- 9780191682841
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198264880.003.0001
- Subject:
- Law, Human Rights and Immigration
Over the fifty years since the end of World War II in 1945, representatives of the millions of gays, lesbians, and bisexuals around the world who have been affected by discrimination have sought to ...
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Over the fifty years since the end of World War II in 1945, representatives of the millions of gays, lesbians, and bisexuals around the world who have been affected by discrimination have sought to establish a general principle of human rights law: that discrimination based on a person's sexual orientation is prima facie wrongful and requires a strong justification. There are two main routes that can be taken in challenging sexual orientation discrimination and attempting to achieve recognition of a human right to be free from it: the political route and the legal route. This book focuses on the ‘legal route’ to human rights protection and its use under three human rights instruments: the United States constitution, the European Convention on Human Rights, and the Canadian Charter of Rights and Freedoms. It also examines three of the most commonly used arguments for interpreting these instruments as prohibiting sexual orientation discrimination: sexual orientation is an ‘immutable status’, sexual orientation is a ‘fundamental choice’ (or part of ‘privacy’), and sexual orientation discrimination is sex discrimination.Less
Over the fifty years since the end of World War II in 1945, representatives of the millions of gays, lesbians, and bisexuals around the world who have been affected by discrimination have sought to establish a general principle of human rights law: that discrimination based on a person's sexual orientation is prima facie wrongful and requires a strong justification. There are two main routes that can be taken in challenging sexual orientation discrimination and attempting to achieve recognition of a human right to be free from it: the political route and the legal route. This book focuses on the ‘legal route’ to human rights protection and its use under three human rights instruments: the United States constitution, the European Convention on Human Rights, and the Canadian Charter of Rights and Freedoms. It also examines three of the most commonly used arguments for interpreting these instruments as prohibiting sexual orientation discrimination: sexual orientation is an ‘immutable status’, sexual orientation is a ‘fundamental choice’ (or part of ‘privacy’), and sexual orientation discrimination is sex discrimination.
Ronald C. fox
- Published in print:
- 1995
- Published Online:
- March 2012
- ISBN:
- 9780195082319
- eISBN:
- 9780199848577
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195082319.003.0003
- Subject:
- Psychology, Clinical Psychology
The concept of bisexuality has certainly had an adequate amount of attention from scholars and researchers around the globe. Different theories and models have been used to explain how it occurs in ...
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The concept of bisexuality has certainly had an adequate amount of attention from scholars and researchers around the globe. Different theories and models have been used to explain how it occurs in the life of a man. In this chapter, bisexuality is viewed in terms of various theories such as psychoanalytic theory, development theory, and sexual orientation theory to help explain its shift from the transitional event it used to be viewed as to the distinct sexual orientation as we perceive it today. The theories show that individuals arrive at their sexual identities after taking several probable routes that can be stimulated by social and personal influences. In the surveys conducted a more accurate characterization of experimental groups manifests if participants are sufficiently discriminated by sexual orientation. The chapter also gives empirical data that describe patterns, similarities, and differences in the development of bisexuals, lesbians, and gay identities.Less
The concept of bisexuality has certainly had an adequate amount of attention from scholars and researchers around the globe. Different theories and models have been used to explain how it occurs in the life of a man. In this chapter, bisexuality is viewed in terms of various theories such as psychoanalytic theory, development theory, and sexual orientation theory to help explain its shift from the transitional event it used to be viewed as to the distinct sexual orientation as we perceive it today. The theories show that individuals arrive at their sexual identities after taking several probable routes that can be stimulated by social and personal influences. In the surveys conducted a more accurate characterization of experimental groups manifests if participants are sufficiently discriminated by sexual orientation. The chapter also gives empirical data that describe patterns, similarities, and differences in the development of bisexuals, lesbians, and gay identities.
Robert Wintemute
- Published in print:
- 1993
- Published Online:
- March 2012
- ISBN:
- 9780198264880
- eISBN:
- 9780191682841
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198264880.003.0007
- Subject:
- Law, Human Rights and Immigration
Would recognition of sexual orientation as an ‘immutable status’ provide an effective solution to the problem of public sector discrimination against gays, lesbians, and bisexuals and same-sex ...
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Would recognition of sexual orientation as an ‘immutable status’ provide an effective solution to the problem of public sector discrimination against gays, lesbians, and bisexuals and same-sex emotional-sexual conduct? In considering whether sexual orientation is immutable or a fundamental choice, one should look at the direction of a person's emotional-sexual attraction, because the direction of their conduct is almost certainly chosen. It is certainly true that many gay men and lesbian women sincerely believe that the direction of their attraction is something they did not choose and cannot change, which makes same-sex emotional-sexual conduct the only viable choice for them. Their own subjective belief in the immutability of their own sexual orientation (as direction of attraction) will often make an immutable status argument seem to them the most appealing response to sexual orientation discrimination. Is a person's choice of the direction of their emotional-sexual conduct ‘fundamental’? The first issue that arises is whether this question is to be answered under Section 15(1) or under another provision of the Canadian Charter of Rights and Freedoms.Less
Would recognition of sexual orientation as an ‘immutable status’ provide an effective solution to the problem of public sector discrimination against gays, lesbians, and bisexuals and same-sex emotional-sexual conduct? In considering whether sexual orientation is immutable or a fundamental choice, one should look at the direction of a person's emotional-sexual attraction, because the direction of their conduct is almost certainly chosen. It is certainly true that many gay men and lesbian women sincerely believe that the direction of their attraction is something they did not choose and cannot change, which makes same-sex emotional-sexual conduct the only viable choice for them. Their own subjective belief in the immutability of their own sexual orientation (as direction of attraction) will often make an immutable status argument seem to them the most appealing response to sexual orientation discrimination. Is a person's choice of the direction of their emotional-sexual conduct ‘fundamental’? The first issue that arises is whether this question is to be answered under Section 15(1) or under another provision of the Canadian Charter of Rights and Freedoms.
Robert Wintemute
- Published in print:
- 1993
- Published Online:
- March 2012
- ISBN:
- 9780198264880
- eISBN:
- 9780191682841
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198264880.003.0008
- Subject:
- Law, Human Rights and Immigration
This chapter argues that sexual orientation is already implicitly included in an enumerated Section 15(1) ground of the Canadian Charter of Rights and Freedoms, that is, ‘sex’, because almost every ...
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This chapter argues that sexual orientation is already implicitly included in an enumerated Section 15(1) ground of the Canadian Charter of Rights and Freedoms, that is, ‘sex’, because almost every case of sexual orientation discrimination can be analysed as one of sex discrimination. Could sexual orientation be included in any other grounds? Plaintiffs using human rights legislation to challenge sexual orientation discrimination (where sexual orientation was not a listed ground) have also invoked such grounds as ‘marital status’ or ‘family status’. Much discrimination against same-sex couples in Canada is arguably not based on the marital status of the couple because the benefit is provided to unmarried opposite-sex couples. It can certainly be argued that the concept of discrimination based on ‘family status’ can be applied to discrimination against same-sex couples. But the exclusion of same-sex couples from a definition of ‘family’ that includes unmarried opposite-sex couples without children can more easily be analysed as discrimination based on ‘sexual orientation’ or ‘sex’ than as discrimination based on the vague ground of ‘family status’.Less
This chapter argues that sexual orientation is already implicitly included in an enumerated Section 15(1) ground of the Canadian Charter of Rights and Freedoms, that is, ‘sex’, because almost every case of sexual orientation discrimination can be analysed as one of sex discrimination. Could sexual orientation be included in any other grounds? Plaintiffs using human rights legislation to challenge sexual orientation discrimination (where sexual orientation was not a listed ground) have also invoked such grounds as ‘marital status’ or ‘family status’. Much discrimination against same-sex couples in Canada is arguably not based on the marital status of the couple because the benefit is provided to unmarried opposite-sex couples. It can certainly be argued that the concept of discrimination based on ‘family status’ can be applied to discrimination against same-sex couples. But the exclusion of same-sex couples from a definition of ‘family’ that includes unmarried opposite-sex couples without children can more easily be analysed as discrimination based on ‘sexual orientation’ or ‘sex’ than as discrimination based on the vague ground of ‘family status’.
Robert Wintemute
- Published in print:
- 1993
- Published Online:
- March 2012
- ISBN:
- 9780198264880
- eISBN:
- 9780191682841
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198264880.003.0009
- Subject:
- Law, Human Rights and Immigration
This chapter argues that the contexts in which the three human rights instruments operate (the United States constitution, the European Convention on Human Rights, and the Canadian Charter of Rights ...
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This chapter argues that the contexts in which the three human rights instruments operate (the United States constitution, the European Convention on Human Rights, and the Canadian Charter of Rights and Freedoms), and the issues of sexual orientation discrimination that may arise under them, are sufficiently similar to permit a comparison. The comparison deals with the substantive (rather than procedural) aspects of human rights or anti-discrimination law. The level of organisation of the gay, lesbian, and bisexual communities in these countries is similar, as are the issues these communities are raising (for example, military employment, marriage or benefits for partners, parental rights). Perhaps a final (and most important) justification for this comparison is that litigants have begun to cite, before the U.S. Supreme Court, the European Court of Human Rights, and the Canadian Supreme Court, the other courts' decisions in the area of sexual orientation discrimination. This chapter assesses the relative merits of the three arguments (immutable status, sex discrimination, and fundamental choice), referring where appropriate to their success under the three instruments.Less
This chapter argues that the contexts in which the three human rights instruments operate (the United States constitution, the European Convention on Human Rights, and the Canadian Charter of Rights and Freedoms), and the issues of sexual orientation discrimination that may arise under them, are sufficiently similar to permit a comparison. The comparison deals with the substantive (rather than procedural) aspects of human rights or anti-discrimination law. The level of organisation of the gay, lesbian, and bisexual communities in these countries is similar, as are the issues these communities are raising (for example, military employment, marriage or benefits for partners, parental rights). Perhaps a final (and most important) justification for this comparison is that litigants have begun to cite, before the U.S. Supreme Court, the European Court of Human Rights, and the Canadian Supreme Court, the other courts' decisions in the area of sexual orientation discrimination. This chapter assesses the relative merits of the three arguments (immutable status, sex discrimination, and fundamental choice), referring where appropriate to their success under the three instruments.
Jacques Balthazart
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199838820
- eISBN:
- 9780199919512
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199838820.003.0049
- Subject:
- Neuroscience, Neuroendocrine and Autonomic, Development
This chapter reviews a number of medical conditions that are all related, at least in part, to sexual orientation at odds with the genetic sex of the affected subjects. In several of these ...
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This chapter reviews a number of medical conditions that are all related, at least in part, to sexual orientation at odds with the genetic sex of the affected subjects. In several of these conditions, a sexual orientation was finally adopted that was in opposition to the sex assigned at birth, but was consistent with the type of presumed hormonal exposure during intrauterine life (attraction to men given absence of androgens and to women given presence of androgens during embryogenesis). These include the effects of prenatal stress, women with adrenal hyperplasia, treatment of pregnant mothers with diethylstilboestrol, deficiency in 5α-reductase, and cloacal exstrophy. Taken together, these data suggest that embryonic hormones could, in humans as in animals, play a significant role in determining sexual orientation. This conclusion is consistent with results indicating that homosexual orientation is often associated with a change in physical, functional, or behavioral traits supposed to differentiate themselves under the influence of prenatal sex steroids.Less
This chapter reviews a number of medical conditions that are all related, at least in part, to sexual orientation at odds with the genetic sex of the affected subjects. In several of these conditions, a sexual orientation was finally adopted that was in opposition to the sex assigned at birth, but was consistent with the type of presumed hormonal exposure during intrauterine life (attraction to men given absence of androgens and to women given presence of androgens during embryogenesis). These include the effects of prenatal stress, women with adrenal hyperplasia, treatment of pregnant mothers with diethylstilboestrol, deficiency in 5α-reductase, and cloacal exstrophy. Taken together, these data suggest that embryonic hormones could, in humans as in animals, play a significant role in determining sexual orientation. This conclusion is consistent with results indicating that homosexual orientation is often associated with a change in physical, functional, or behavioral traits supposed to differentiate themselves under the influence of prenatal sex steroids.
Jonathan J. Mohr and Ruth E. Fassinger
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199765218
- eISBN:
- 9780199979585
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199765218.003.0011
- Subject:
- Psychology, Developmental Psychology
This chapter explores the link between sexual orientation and issues of work and career. It begins in the first section by outlining broad contextual issues (societal and organizational) that provide ...
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This chapter explores the link between sexual orientation and issues of work and career. It begins in the first section by outlining broad contextual issues (societal and organizational) that provide the backdrop for more specific workplace factors (discrimination and support, identity disclosure and concealment), which are then discussed in the second section. The third section explores how these workplace factors filter down into lesbian, gay, and bisexual individuals’ experiences of work and career, including the special task of leadership. It briefly notes some positive aspects of lesbian, gay, and bisexual career development and work behavior, and concludes with a call for more integrative approaches to understanding lesbian, gay, and bisexual vocational issues.Less
This chapter explores the link between sexual orientation and issues of work and career. It begins in the first section by outlining broad contextual issues (societal and organizational) that provide the backdrop for more specific workplace factors (discrimination and support, identity disclosure and concealment), which are then discussed in the second section. The third section explores how these workplace factors filter down into lesbian, gay, and bisexual individuals’ experiences of work and career, including the special task of leadership. It briefly notes some positive aspects of lesbian, gay, and bisexual career development and work behavior, and concludes with a call for more integrative approaches to understanding lesbian, gay, and bisexual vocational issues.
Jacques Balthazart
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199838820
- eISBN:
- 9780199919512
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199838820.003.0012
- Subject:
- Neuroscience, Neuroendocrine and Autonomic, Development
This chapter reviews the various theories that have been advanced to explain homosexuality from an environmental perspective and shows why these theories, although they are still widespread, are not ...
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This chapter reviews the various theories that have been advanced to explain homosexuality from an environmental perspective and shows why these theories, although they are still widespread, are not satisfactory and are not supported by experimental evidence. The arguments presented here concern exclusively homosexual orientation as defined in Chapter 1: exclusive or preferential sexual attraction for persons of the same sex. It considers psychoanalytic theories, theories based on learning derived from behaviorism, and theories based on “social constructivism”. It argues that the evolutionary history of life on earth means that we can find evidence of the causes of human behavior through the study of similar behaviors in other animals, and the role of neurons in initiating and controlling our actions.Less
This chapter reviews the various theories that have been advanced to explain homosexuality from an environmental perspective and shows why these theories, although they are still widespread, are not satisfactory and are not supported by experimental evidence. The arguments presented here concern exclusively homosexual orientation as defined in Chapter 1: exclusive or preferential sexual attraction for persons of the same sex. It considers psychoanalytic theories, theories based on learning derived from behaviorism, and theories based on “social constructivism”. It argues that the evolutionary history of life on earth means that we can find evidence of the causes of human behavior through the study of similar behaviors in other animals, and the role of neurons in initiating and controlling our actions.
Robert Wintemute
- Published in print:
- 1993
- Published Online:
- March 2012
- ISBN:
- 9780198264880
- eISBN:
- 9780191682841
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198264880.003.0003
- Subject:
- Law, Human Rights and Immigration
In the aftermath of the Supreme Court case Bowers v. Hardwick, gay, lesbian, and bisexual plaintiffs have looked for alternatives to a right of privacy argument under the United States constitution. ...
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In the aftermath of the Supreme Court case Bowers v. Hardwick, gay, lesbian, and bisexual plaintiffs have looked for alternatives to a right of privacy argument under the United States constitution. In addition to invoking state rights of privacy, federal First Amendment rights, and an arguable federal ‘right to participate equally in the political process’, they have turned to the suspect classifications branch of federal equal protection doctrine. (Hardwick limits use of the fundamental rights branch of that doctrine to fundamental rights other than the right of privacy, such as freedom of speech.) In arguing that sexual orientation is a ‘suspect’ or ‘quasi-suspect’ classification, they proposed an analogy between sexual orientation discrimination and race or sex discrimination, rather than between same-sex sexual activity and contraception or abortion. This chapter examines the use of immutable status and sex discrimination arguments and assesses the level of protection provided by the US constitution against sexual orientation discrimination.Less
In the aftermath of the Supreme Court case Bowers v. Hardwick, gay, lesbian, and bisexual plaintiffs have looked for alternatives to a right of privacy argument under the United States constitution. In addition to invoking state rights of privacy, federal First Amendment rights, and an arguable federal ‘right to participate equally in the political process’, they have turned to the suspect classifications branch of federal equal protection doctrine. (Hardwick limits use of the fundamental rights branch of that doctrine to fundamental rights other than the right of privacy, such as freedom of speech.) In arguing that sexual orientation is a ‘suspect’ or ‘quasi-suspect’ classification, they proposed an analogy between sexual orientation discrimination and race or sex discrimination, rather than between same-sex sexual activity and contraception or abortion. This chapter examines the use of immutable status and sex discrimination arguments and assesses the level of protection provided by the US constitution against sexual orientation discrimination.
Jane M. Simoni, Laramie Smith, Keren Lehavot, Karen Fredriksen-Goldsen, and Karina L. Walters
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199765218
- eISBN:
- 9780199979585
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199765218.003.0013
- Subject:
- Psychology, Developmental Psychology
This chapter considers the challenges of conducting research to examine health disparities based on sexual orientation, particularly for sexual minority women, and describes some of the major studies ...
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This chapter considers the challenges of conducting research to examine health disparities based on sexual orientation, particularly for sexual minority women, and describes some of the major studies in this area. It briefly reviews the evidence for disparities in cardiovascular disease and cancer as well as sexually transmitted infections, asthma, and diabetes. Disparities in risk factors (e.g., obesity, smoking) for adverse health outcomes are also presented. It considers the factors and mechanisms that might place sexual minority women at greater risk for compromised health.Less
This chapter considers the challenges of conducting research to examine health disparities based on sexual orientation, particularly for sexual minority women, and describes some of the major studies in this area. It briefly reviews the evidence for disparities in cardiovascular disease and cancer as well as sexually transmitted infections, asthma, and diabetes. Disparities in risk factors (e.g., obesity, smoking) for adverse health outcomes are also presented. It considers the factors and mechanisms that might place sexual minority women at greater risk for compromised health.
