Gay marriage highlights a contradiction in American national identity: if gay marriage is supported, the normative status of the heterosexual nuclear family is undermined, while if not, the civil rights of homosexuals are undermined. This essay discusses the feminist dilemma of whether to support gay marriage to promote these individual civil rights or whether to critique marriage as a part of the patriarchal system that oppresses women.

: Gay marriage highlights a contradiction in American national identity: if gay marriage is supported, the normative status of the heterosexual nuclear family is undermined, while if not, the civil rights of homosexuals are undermined. This essay discusses the feminist dilemma of whether to support gay marriage to promote these individual civil rights or whether to critique marriage as a part of the patriarchal system that oppresses women.

Many Western intellectuals, especially those in humanities and social sciences, think that it can be easily shown that the persistent and massive opposition to same-sex marriage is rationally indefensible and that it is merely a result of prejudice or religious fanaticism. But a more detailed analysis of some of these widely accepted arguments against the conservative position reveals that these arguments are in fact based on logical fallacies and serious distortions of conservative criticisms of homosexual marriage. It is (...) concluded that philosophers ought to resist the pressure of political correctness and that they should approach the debate with a more open mind than before. (shrink)

This article analyses some familiar arguments both for, and against, same-sex civil marriage. I argue that it is not enough to defend gay marriage by a simple appeal to equality, unless one addresses the view that same-sex marriage would be contrary to the objective nature and purpose of marriage. I illustrate the ways in which a stand-off is reached in discussions of this particular matter. I also suggest that there is a mystery about what the from (...) a faithful relationship to marriage amounts to, but that part of the answer is that marriage embodies a state-recognized social transition. This is underpinned by the interest that society has in marriage, largely owing to its facilitating a stable environment for children. However, I suggest that marriage also properly functions as a way to uphold commitment and love, and conclude that that there is no good reason not to uphold those things in same-sex relationships. But I concede that religious organisations with theological objections to same-sex marriage should not be obliged to conduct gay weddings. (shrink)

In this article, Cris Mayo examines the relationship among anti-LGBTQ policies, gay marriage, and sexuality education. Her concern is that because gay marriage is insufficiently different from heterosexual marriage, adding it as an issue to curriculum or broader culture debate elides rather than addresses sexual difference. In other words, marriage may be an assimilative aspiration that closes down discussions of what sexuality is and can mean, that sidesteps other related social issues such as health care for (...) all, and that reinforces sexuality and gender identity as privatized, not political, concerns. Mayo examines different strands of LGBTQ history that complicate the meanings of sexuality and that critique a variety of antigay or heterosexist policies for their exclusions. She concludes by suggesting that the possibilities of sexuality are not served by advocacy for one gay relationship formation and calling for a sexuality education that is instead directed at sexual diversity. (shrink)

Resumen: Mediante la metodología de una reconstrucción inmanente del mejor argumento de quienes se oponen al reconocimiento jurídico del matrimonio entre personas del mismo sexo, este artículo muestra por qué el juez o el legislador no debe aceptar dicho argumento. Con ello se señala solo indirectamente o de modo negativo por qué sí debe ser reconocido dicho matrimonio. En este artículo se reconstruye la estructura y los diferentes contenidos de las justificaciones opositoras, buscando identificar la más robusta de ellas; esto (...) es, aquella con mayor capacidad para -recurriendo a argumentos adecuados a sociedades plurales- traspasar el peso de la prueba al lado de la demanda por dicho reconocimiento. Dicha capacidad se comprueba mostrando concretamente cómo tal justificación logra argumentos de defensa, de crítica a dicha demanda, así como incorporar argumentos del mundo progresista. Pese a su robustez y luego de una evaluación detenida, se concluye que esa justificación no es sostenible bajo medios racionales.: Through a methodology of an immanent reconstruction of the best argument of those who oppose the legal recognition of same-sex marriage, this article shows why the judge, or the legislator should not accept this argument. With this, it is pointed out indirectly and in a negative way why that marriage should be recognized. In this article the structure and the different contents of the conservative justifications are reconstructed, trying to identify the most robust of them; that is, the one with the highest capacity for -using adequate arguments to plural societies- to transfer the burden of proof to the side of the demand for such recognition. This capacity is demonstrated by showing precisely how such a justification achieves arguments of auto-defense, of criticism of said demand, as well as incorporating arguments from the progressive world. Despite its robustness and after a careful evaluation, it is concluded that this justification is nor sustainable under rational means. (shrink)

This paper aims to examine the role that the various vehicles of marketing communications can play with respect to communicating, publicising and highlighting organisational CSR policies to its various stakeholders. It will further endeavour to evaluate the impact of such communications on an organisation's corporate reputation and brand image. The proliferation of unsubstantiated ethical claims and so-called 'green washing' by some companies has resulted in increasing consumer cynicism and mistrust. This has made the task of communicating with, and more importantly (...) convincing, an organisation's stakeholders vis-à-vis its CSR credentials even more difficult. This paper argues that marketing communications tools can play a major role in conveying a company's CSR messages and communicating a more socially responsible image. (shrink)

This paper aims to examine the role(s) that the various vehicles of marketing communications can play with respect to communicating, publicising and highlighting organisational CSR policies to its various stakeholders. It will further endeavour to evaluate the impact of such communications on an organisation's corporate reputation and brand image. The proliferation of unsubstantiated ethical claims and so-called 'green washing' by some companies has resulted in increasing consumer cynicism and mistrust. This has made the task of communicating with, and more importantly (...) convincing, an organisation's stakeholders vis-à-vis its CSR credentials even more difficult. This paper argues that marketing communications tools can play a major role in conveying a company's CSR messages and communicating a more socially responsible image. (shrink)

This paper defends a legal and political conception of sexual relations grounded in Kant’s Doctrine of Right. First, I argue that only a lack of consent can make a sexual deed wrong in the legal sense. Second, I demonstrate why all other legal constraints on sexual practices in a just society are legal constraints on seemingly unrelated public institutions. I explain the way in which the just state acts as a civil guardian for domestic relations and as a civil guarantor (...) for private property and contract relations—and thereby enables the existence of legally enforceable claims. Throughout the aim is to demonstrate that Kant’s relational conception of justice entails that legally enforceable claims regarding sexual deeds are fully justifiable only insofar as they are determined and enforced by a public authority that we may refer to as a liberal democratic welfare state. (shrink)

On 30 June 2005, the Spanish Parliament approved Law 13/2005, which amends the Civil Code to permit same-sex marriage. This formal equality measure put Spain in the spotlight of the international media. It is the culmination of a series of developments spanning from the last years of the Franco regime (which ended in 1975), through the enactment of anti-discrimination measures in 1995, to the recent fight for kinship recognition. It also follows a recent shift, from 1998 to 2005, towards (...) the enactment of same-sex partnership laws at regional level, the approval of same-sex marriage and finally, the approval of a ‹gender identity law’ (2007). This legislative note assesses the context in which the new law on same-sex marriage has been enacted. I argue that although same-sex marriage has been represented by many activists and politicians in Spain as a gender neutral contract, it has the potential for differential impacts on lesbians and gay men, and further research and debates are needed in this area. (shrink)

This article argues that one of our only pieces of evidence for Roman marriage between cinaedi, Juvenal's second satire, has been consistently misread and in fact describes a marriage between a cinaedus and a sex worker. It begins by providing the context for the passage in question and its traditional reading, and then demonstrates that the critical phrase siue hic recto cantauerat aere refers to financial, not erotic, exchanges. The article finally discusses the implications of this correction, which (...) are far more substantial than one might expect for a contentious ablative. (shrink)

This article deals with the issue of resignification to advance a hypothesis on the way in which social practices are transformed with recourse to the language of institutions. It first discusses the transition from gay liberation to same-sex marriage equality by exploring the trajectory of homosexuals’ rights claims. The article continues by providing a theoretical interpretation of what brought this shift about, that is, what the author calls a movement ‘from the street to the court’: in both civil law (...) and common law jurisdictions, legal means are increasingly being used by individuals and groups to make their claims audible to political institutions and to society at large. Then, an analysis is offered of the shape that social struggles take when socio-political claims are articulated with recourse to the legal language. The conclusion is that reliance on the law as a device to achieve political goals and construct same-sex group identity risks producing but a feeble resignification of the conventional heterosexual matrix. In light of that, a more effective way to defy this matrix is to create awareness of what is gained and what gets lost in becoming legally visible. (shrink)

Although the exclusion of LGBTs from the rites and rights of marriage is arbitrary and unjust, the legal institution of marriage is itself so riddled with injustice that it would be better to create alternative forms of durable intimate partnership that do not invoke the power of the state. Card's essay develops a case for this position, taking up an injustice sufficiently serious to constitute an evil: the sheltering of domestic violence.

: Although the exclusion of LGBTs from the rites and rights of marriage is arbitrary and unjust, the legal institution of marriage is itself so riddled with injustice that it would be better to create alternative forms of durable intimate partnership that do not invoke the power of the state. Card's essay develops a case for this position, taking up an injustice sufficiently serious to constitute an evil: the sheltering of domestic violence.

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 45, no. 1. © 2019 by Feminist Studies, Inc. 13 Stephanie Yingyi Wang When Tongzhi Marry: Experiments of Cooperative Marriage between Lalas and Gay Men in Urban China Ang Lee’s film The Wedding Banquet could be classic introductory material for tongzhi studies and, particularly, for research on cooperative marriage.1 In the film, Wai-Tung, a Taiwanese landlord who lives happily with his American boyfriend Simon in (...) New York, is troubled by his parents’ constant efforts to try and find him a bride. His partner Simon suggests he could arrange a marriage of convenience with WaiTung ’s tenant Wei Wei who is from mainland China and is also in need of a green card to stay in the United States. However, their plan backfires when Wai-Tung’s enthusiastic parents arrive in the United States and plan a big wedding banquet. As the film critic and scholar Chris 1. Tongzhi, literally “same purpose,” is the Chinese term for “comrade.” Since the 1990s, it has been appropriated to replace the more formal tóngxìnglìan (same-sex love) to refer to gay men and lalas (same-sex desiring women) in the Chinese-speaking world. The translation of xinghun as “cooperative marriage” is debatable, as xinghun literally means “pro-forma marriage.” In other works, “contract marriage,” “fake marriage,” or “pro-forma marriage” are used to refer to gay-lala marriage. Informed by Lucetta Kam’s work, I use “cooperative marriage ” to highlight that such marriage is not merely functional without sustenance, but is contingent on the cooperation and negotiation between multiple parties in the relationship, as my findings suggest. See Lucetta Yip Lo Kam, Shanghai Lalas: Female Tongzhi Communities and Politics in Urban China (Hong Kong: Hong Kong University Press, 2013), 85. winner of the 2018 Feminist Studies Graduate Student award 14 Stephanie Yingyi Wang Berry points out, analysis of the film rests not on any individual, but on the Confucian family as “it negotiates the interface with globally hegemonic American culture,” suggesting that there exists an understanding of gayness in the context of the family that is distinct in Chinese culture.2 Berry continues to argue that the moral ambivalence produced by the film is structured by different sets of values: the gay person is not merely concerned about individual identity fulfillment, but he also adjusts his actions to satisfy the family expectation; the parents, especially the father figure, is not merely a patriarch with strict moral provisions and standards, but someone who can allow for implicit negotiation to keep the surface harmony as long as he gets a grandson; the woman is not merely an independent agent freed from social constraints, but a bride who is also attached to emotional comfort and conjugal ideals. Just as The Wedding Banquet tactfully reveals one type of cooperative marriage with its mutual benefits and examines the multilayered complexity of each individual player in the marriage game, this research takes as its subject cooperative marriage between gay men and lalas as an exciting departure to understand queer subjectivities and queer kinship intersected with gender, sexuality, class, and tongzhi politics in urban China.3 Though seemingly monolithic, marriage and family have become contested terrains for tongzhi to negotiate their gender performance, queer desires, and aspirations for better lives. The transnational makings of gayness and rights-based identity politics have contributed to the increasing awareness of a cosmopolitan gay identity and the desiring of alternative life choices of Chinese tongzhi, which lays the very foundation of their motivation to seek ways to cope with the heteronormative family model. Coming out and gay marriage are upheld as primary tropes of identity politics, facilitated by the self-identified tongzhi grassroots groups that emerged during the initiation of AIDS work in 1994 for gay men and at the 1995 Fourth World Conference on Women, which gathered hundreds of lesbians from around the world in Beijing.4 How2. Chris Berry, “Wedding Banquet: A Family (Melodrama) Affair,” in his Chinese Films in Focus: 25 New Takes (London: British Film Institute, 2003), 183. 3. Lala is a slang term in China for same-sex desiring women and includes lesbian, bisexual, and trans women. 4. Katie King, “‘There Are No... (shrink)

This essay argues that current advocacy of lesbian and gay rights to legal marriage and parenthood insufficiently criticizes both marriage and motherhood as they are currently practiced and structured by Northern legal institutions. Instead we would do better not to let the State define our intimate unions and parenting would be improved if the power presently concentrated in the hands of one or two guardians were diluted and distributed through an appropriately concerned community.

Citizenship and marriage are legal statuses that generate numerous privileges and responsibilities. Legal doctrine and argument have analogized these statuses in passing: consider, for example, Ted Olson’s statement in the Hollingsworth v. Perry oral argument that denying the label “marriage” to gay unions “is like you were to say you can vote, you can travel, but you may not be a citizen.” However, the parallel between citizenship and marriage has rarely been investigated in depth. This paper investigates (...) the marriage-citizenship parallel with a particular focus on three questions prompted by recent developments in law and policy: -/- 1) Should we provide second-best statuses? Some couples — in particular gay and lesbian couples — have been offered permanent statuses, like civil unions, that bear legal privileges but fall short of full marriage equality. In contrast, similar differentiations within citizenship are generally resisted. The history of citizenship may presage the increasing unacceptability of differentiations within status in the gay marriage context. Meanwhile, the history of marriage equality efforts may help present-day citizenship advocates choose legal strategies. -/- 2) Should statuses be a gateway to rights? Some early gay rights advocates unsuccessfully argued that advocates should challenge the primacy of marriage, rather than seek access to the institution. Advocates attempting to expand the rights of current noncitizens face similar choices: should they seek to give current noncitizens greater access to citizenship, or challenge the reservation of important rights to citizens? -/- 3) Can status relationships be plural? Many critics of dual and multiple citizenship argued that allegiance to multiple states was immoral, unadministrable, or both. More recently, polygamous marriage has become a topic of legal and political discourse, first as a foil in anti-gay marriage arguments and later as a political possibility in its own right. I consider whether polygamous marriage advocates can profitably draw on arguments for multiple citizenship, and how multiple-citizenship advocates should responsibly respond to the analogy with polygamy. (shrink)

Contemporary recognition theory has developed powerful tools for understanding a variety of social problems through the lens of misrecognition. It has, however, paid somewhat less attention to how to conceive of appropriate responses to misrecognition, usually making the tacit assumption that the proper societal response is adequate or proper affirmative recognition. In this paper I argue that, although affirmative recognition is one potential response to misrecognition, it is not the only such response. In particular, I would like to make the (...) case for derecognition in some cases: derecognition, in particular, through the systematic deinstitutionalization or uncoupling of various reinforcing components of social institutions, components whose tight combination in one social institution has led to the misrecognition in the first place. I make the case through the example of recent United States debates over marriage, especially but not only with respect to gay marriage. I argue that the proper response to the misrecognition of sexual minorities embodied in exclusively heterosexual marriage codes is not affirmative recognition of lesbian and gay marriages, but rather the systematic derecognition of legal marriage as currently understood. I also argue that the systematic misrecognition of women that occurs under the contemporary institution of marriage would likewise best be addressed through legal uncoupling of heterogeneous social components embodied in the contemporary social institution of marriage. (shrink)

Late last year the Constitutional Court of South Africa decided that the exclusion of same-sex couples from the common law definition of marriage and the statutory marriage formula was unconstitutional as it violated the rights of such couples to equality. The Court suspended the declaration of invalidity for one year to allow Parliament to enact new legislation to correct the defects, failing which certain words would be read into the legislation to accommodate same-sex marriage. A single judge (...) dissented on the issue of remedy, finding that the Court should have developed the common law to include same-sex couples within the definition of marriage and read the necessary wording into the legislation with immediate effect. The decision is the culmination of a legal struggle by gays and lesbians for recognition of their relationships and the protection of their rights. While the scope of the right to marry may have been extended, the rights of domestic partners lag behind, often to the detriment of women in these relationships. (shrink)

This chapter expresses that radical feminist perspectives on marriage and motherhood are in danger of being lost in the quest for equal rights. For more than a decade, feminist philosophers and lesbian/gay activists have been optimistic about the potentialities of legal marriage and legitimated motherhood. Feminist philosophers are taking as valuable theoretical paradigms for ethics many kinds of caring relationships that have been salient in women's lives. "Family" is itself a family resemblance concept. Apart from the institution of (...) marriage and historical ideals of the family, it is uncertain what characteristics mother‐child relationships would have, for many alternatives are possible. Historically, motherhood has been a core element of patriarchy. Moral philosophy might also be transformed by greater attention to the fact that adult experience and its potentialities are significantly conditioned by the childhoods of adults and of those children's relationships to adults. (shrink)

Gay Ethics is an anthology that addresses ethical questions involving key moral issues of today--sexual morality, outing, gay and lesbian marriages, military service, anti-discrimination laws, affirmative action policies, the moral significance of sexual orientation research, and the legacy of homophobia in health care. It focuses on these issues within the social context of the lives of gay men and lesbians and makes evident the ways in which ethics can and should be reclaimed to pursue the moral good for gay men (...) and lesbians. Gay Ethics is a timely book that illustrates the inadequacies of various moral arguments used in regard to homosexuality. This book reaches a new awareness for the standing and treatment of gay men and lesbians in society by moving beyond conventional philosophical analyses that focus exclusively on the morality of specific kinds of sexual acts, the nature of perversion, or the cogency of scientific accounts of the origins of homoeroticism. It raises pertinent questions about the meaning of sexuality for private and public life, civics, and science.Some of the issues covered: Sexual Morality Outing Same-Sex Marriage Military Service Anti-Discrimination Laws Affirmative Action Policy The Scientific Study of Sexual Orientation Bias in Psychoanalysis Homophobia in Health Care Gay Ethics presents a wide range of perspectives but remains united in the common purpose of illuminating moral arguments and social policies as they involve homosexuality. The chapters challenge social oppression in the military, civil rights, and the social conventions observed among gay men and lesbians themselves. This book is applicable to a broad range of academics working in gay and lesbian studies and because of its current content, is of interest to an educated lay public. It will be a standard reference point for future discussion of the matters it addresses. (shrink)

This chapter expresses that radical feminist perspectives on marriage and motherhood are in danger of being lost in the quest for equal rights. For more than a decade, feminist philosophers and lesbian/gay activists have been optimistic about the potentialities of legal marriage and legitimated motherhood. Feminist philosophers are taking as valuable theoretical paradigms for ethics many kinds of caring relationships that have been salient in women's lives. "Family" is itself a family resemblance concept. Apart from the institution of (...) marriage and historical ideals of the family, it is uncertain what characteristics mother‐child relationships would have, for many alternatives are possible. Historically, motherhood has been a core element of patriarchy. Moral philosophy might also be transformed by greater attention to the fact that adult experience and its potentialities are significantly conditioned by the childhoods of adults and of those children's relationships to adults. (shrink)

In this chapter, the author explains Rorty's neopragmatist feminism and some feminist criticism of his work, limiting her to questions not yet settled in the literature. She argues that Rorty can defeat the criticisms that his reformism is too conservative and that his feminism flounders without representationalist truth. "Feminism and Pragmatism" discusses the apparent paradox that injustices, on a Rortyan view, are not injustices until they are so perceived. Thus, if our society begins to accept gay marriage, passes legislation (...) supporting gay marriage, and begins criticizing those who oppose gay marriage, we have made a significant change in our practices, norms, and language. Our society still, at least at this time, thinks of "gay marriage" as a somewhat different category than "marriage," despite the fact that we treat both as marriages. We still rely on legislatures and courts to determine the legality of our marriage practices. (shrink)

In this remarkable study, David A. J. Richards combines an interpretive history of culture and law, political philosophy, and constitutional analysis to explain the background, development, and growing impact of two of the most important and challenging human rights movements of our time, feminism and gay rights. Richards argues that both movements are extensions of rights-based dissent, rooted in antebellum abolitionist feminism that condemned both American racism and sexism. He sees the progressive role of such radical dissent as an emancipated (...) moral voice in the American constitutional tradition. He examines the role of dissident African Americans, Jews, women, and homosexuals in forging alternative visions of rights-based democracy. He also draws special attention to Walt Whitman's visionary poetry, showing how it made space for the silenced and subjugated voices of homosexuals in public and private culture. According to Richards, contemporary feminism rediscovers and elaborates this earlier tradition. And, similarly, the movement for gay rights builds upon an interpretation of abolitionist feminism developed by Whitman in his defense, both in poetry and prose, of love between men. Richards explores Whitman's impact on pro-gay advocates, including John Addington Symonds, Havelock Ellis, Edward Carpenter, Oscar Wilde, and André Gide. He also discusses other diverse writers and reformers such as Margaret Sanger, Franz Boas, Elizabeth Stanton, W. E. B. DuBois, and Adrienne Rich. Richards addresses current controversies such as the exclusion of homosexuals from the military and from the right to marriage and concludes with a powerful defense of the struggle for such constitutional rights in terms of the principles of rights-based feminism. (shrink)

Gay marriages (as such) are not as yet allowed anywhere but the demand for them is increasing. Most countries take a liberal attitude towards marriage: few obstacles are put in its way. But objections to gay marriages continue to be raised. These objections are refuted and the case for gay marriage is assessed through the prism of various forms of liberalism. The normative argument for allowing gay marriage is shown to be both strong and consistent with many (...) of the values upheld by the opponents of such unions. (shrink)

How is love different from lust or infatuation? Do love and marriage really go together “like a horse and carriage”? Does sex have any necessary connection to either? And how important are love, sex, and marriage to a well-lived life? In this lively, lucid, and comprehensive textbook, Raja Halwani pursues the philosophical questions inherent in these three important aspects of human relationships, exploring the nature, uses, and ethics of romantic love, sexuality, and marriage. The book is structured (...) in three parts: _Love_ begins by examining how romantic love differs from other types of love, such as friendship and parental love. It asks which properties of love are essential, whether people have a choice in whom they love, and whether lovers have moral obligations to one another that differ from those they owe to others _Sex_ demonstrates the difficulty in defining sex and the sexual, and examines what constitutes good and bad sex in terms of pleasure, 'naturalness', and moral permissibility. It offers theoretical and applied ethical approaches to a wide range of sexual phenomena _Marriage_ traces the history of the institution, and describes the various forms in which marriage exists and the reasons why people marry. It also surveys accounts of why people should or should not marry, and introduces the main arguments for and against gay marriage. Features include: suggestions for further reading online eResource site with dowloadable discussion questions a clear, jargon-free writing style. (shrink)

My purpose in this paper is to set forth a case for inclusion, without any restriction whatsoever, of gays and lesbians in the legal definition of marriage within the various jurisdictions within the United States of America. Historical and cross cultural definitions of marriage are usually based on two basic premises or components, structure and function. Structural definitions of marriage, with which most people and jurisdictions identify, are based on exclusion and inclusion, i.e. on who is eligible (...) for inclusion and who must be excluded. Ordinarily the restrictions exclude those not having reached the age of majority, those who are not judged mentally competent, and those of the same gender. Functional definitions of marriage are based on the willingness of the partners to engage in the duties and responsibilities to each other and to all offspring regardless of their physical or mental fitness. I intend to defend the proposition that legal marriage for gays and lesbians is better defined and defended when based on function rather than structure. Specifically, this means that marriage is the union of those who 1.) without mental equivocation embrace their mutual commitment to support and care for each other; 2.) are of legal age; 3.) are of sound mind; and 4.) affirm their commitment to fulfill, to the best of their ability, the following functions as they pertain to the natural birth, legal adoption, or foster care of any and all children included in the marital union: These functions include but are not limited to: protection , economic, affect-giving, socialization, acculturation, education, and sexual access between the conjugal partners. Historically, there is no record throughout the history of humankind, of any state or body politic that does not profess a vested interest in the mate selection patterns of its young. This is not generally for the edification of the married, but rather for the assurance of the socialization and acculturation of the ascending generation. (shrink)

In many ways, we live in propitious times for gay and lesbian people. In 1996, the Supreme Court struck down Colorado law prohibiting any kind of protected status based on sexual orientation. In 2003, the Supreme Court held that states may not criminalize sexual conduct between consenting adults of the same sex in private, so long as no money changes hands. In 2010, the Congress repealed the “Don't Ask, Don't Tell” policy that excluded openly gay men and lesbians from military (...) service. In 2013, the Supreme Court struck down key elements of the Defense of Marriage Act that prohibited any federal recognition of same‐sex marriage. Most states do not allow same‐sex marriage, but more and more states are joining the fold. Likewise, most U.S. states do not forbid discrimination based on sexual orientation, but the number that does is increasing. Arguably, no other social minority has made as much legal progress in so short a time. Despite these advances, the story of gay and lesbian people and the law is not yet finished, and the meaning of homosexuality for bioethics is still being written too. Concerns about gay and lesbian people remain important to bioethics in key domains, especially in seeing to the conferral of optimal health care benefits and in sorting through the priorities and social effects of research. Progress in these domains still involves lifting certain burdens of medical and social misjudgments about same‐sex attraction. (shrink)