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Gay Rights And Lefts: Rights Critique And Distributive Analysis For Real Law Reform, Libby Adler Jan 2011

Gay Rights And Lefts: Rights Critique And Distributive Analysis For Real Law Reform, Libby Adler

Libby S. Adler

For the last decade and more, the law reform agenda on behalf of sexual minorities in the United States has been dominated by the same-sex marriage campaign and, to a lesser extent, the repeal of Don’t Ask/Don’t Tell. Gay rights advocates for both equality-seeking efforts, while locked in battle with culture warriors from the right, also have been subject to protest and criticism from the left for their powerful normalizing impulses and identitarian rights-orientation. Gay rights advocates nonetheless have persevered in their quest for equality, scarcely acknowledging the criticism from queer and other non-mainstreaming or dissident voices, perhaps unable to …


The Case For Repeal Of India's Sodomy Law, Yuvraj Joshi Jul 2010

The Case For Repeal Of India's Sodomy Law, Yuvraj Joshi

Yuvraj Joshi

This Article surveys some of the arguments for and against the repeal of India’s sodomy law. The first part analyses s.377 of the Indian Penal Code and considers its consequences for India's gay, lesbian, bisexual, transsexual, hijra and kothi persons. The second part provides an overview of the various theoretical and political positions taken in the sodomy law debate. The third part examines the rights-based arguments that have been made in support of repealing or reading down s.377, and the feminist and queer critiques of these arguments. The fourth part considers the arguments against the repeal that have been put …


The Gay Agenda, Libby Adler Dec 2008

The Gay Agenda, Libby Adler

Libby S. Adler

The Gay Agenda argues that the current gay rights agenda has been overly determined by the culture war and calls for a deliberate step outside of culture war discourse in order to see law reform possibilities that have largely been obscured. When anti-gay forces speak in terms of traditional family values, the paper observes, pro-gay rejoinders tend to come in the form of rights claims accompanied by rhetorical efforts to depict the gay family as morally indistinct from an idealized version of the heterosexual family (i.e., monogamous, bourgeois, and more about love than sex). These dual strategies of rights - …