Publication Date

5-2002

Journal

Law and Philosophy

Abstract

In the past decade, scientific research on sexual orientation has garnered a great deal of attention, not just among scientists but among litigators, legislators, judges, executives, and members of the general population concerned with issues relating to social, legal and moral questions relevant to lesbians, gay men and other sexual minorities. Some claim that science is converging on the view that sexual orientation is biologically based. Many friends and foes of lesbian and gay rights are interested in this scientific research because they think that it has social, legal, and ethical relevance. The thought is that if sexual orientations have a biological basis, then it is wrong to punish or otherwise discriminate against a person on the basis of sexual orientation. This argument has been made in many contexts, for instance, it was invoked by lawyers arguing for the unconstitutionality of an amendment to Colorado's constitution when they called as a witness a scientist who claims to have discovered a biological basis for homosexuality.

Volume

21

Issue

3

First Page

305

Last Page

316

Publisher

Springer Nature

Keywords

Gender and the Law, Gender Identity, Human Rights Law, Sexuality and the Law, Employment Practice and the Law, Law and Society

Disciplines

Human Rights Law | Labor and Employment Law | Law | Law and Gender | Law and Society | Sexuality and the Law

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