“Gay Rights as a Particular Instantiation of Human Rights.”

Albany Law Review 64:983-1030 (2001)
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Abstract

The article argues that lesbian, gay, bisexual, and transgendered (LGBT) rights are a particular instantiation of human rights. But in order to make this argument several things must be done first. Preliminarily, it should be noted that some transgendered issues fall under the rubric "gay rights," even though strictly speaking, they center most prominently on gender and not sexual orientation. Still, there gender aspects are often ignored because of concerns related to sexual orientation, such as whether a transgendered female can use a woman's washroom. Arguably, the reverse may also be true of gays, lesbians, and bisexuals, as many of society's concerns regarding this group involve their following gender roles, even though the discrimination against them is not usually seen as sex discrimination. Bearing that in mind, among the various responsibilities of this article is to define--in the broad sense--what gay and lesbian rights are. This is followed by a similar set of expressions defining what human rights are and an argument for how such rights get justified. Once that is done, the connection between gay and lesbian rights and human rights is pursued within the context of a theory of political morality that establishes the centrality of human rights to all moral concerns.

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Vincent Samar
Loyola University, Chicago

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