Constructing Queer Theory in Political Science and Public Law: Sexual Citizenship, Outspeech, and Queer Narrative

Abstract

Queer theory is nearly absent from political science, including public law. This article advances constructivism as a paradigm shift in the context of sexual citizenship. The project, informed by queer theory, argues that political and legal systems (and related academic disciplines) regulating sexual citizenship should consider the political, legal, and cultural technologies that construct mutable sexualities, rather than viewing sexualities as innate and fixed. Despite significant political and legal advances under the sexual-essentialist paradigm, this paradigm gets in the way of manifesting a number of “possibilities” to which queer theory alludes, and besides, sexual essentialism is not true. Having political science and public law consider sexual constructivism particularly and queer theory generally is critical to understanding sexual citizenship politics. Doing so involves claiming queer theory as a decidedly political theory and, therefore, a province of political science. This article discusses reasons for a paradigm shift toward sexual constructivism and why political science and law are notably late to embracing queer theory. I offer “outspeech” as one possibility for a queer legal theory that reshapes sexual citizenship. I end with a call for more queer narratives and autoethnographies.