Abstract
Many people, especially legal and political advocates for gay rights, believe that it would be good for gay rights if sexual orientations were innate, inborn, or chosen. The central legal context for the born that way and not a choice arguments for gay rights is the immutability factor in equal protection jurisprudence. Although many in the legal academy have argued against the significance of immutability, recently two state supreme courts, as part of denying claims for the legal recognition of same-sex relationships, invoked immutability as a condition for heightened scrutiny under the Equal Protection Clause and held that the gay plaintiffs had failed to satisfy this condition. This Article argues that there are serious problems with legal, ethical, and political arguments for gay rights that make use of scientific theories of how sexual orientations develop. On this basis and others, this Article concludes that advocates should avoid biological, psychological, and other scientific arguments for gay rights.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.