Liberty, equality and sexuality: Essentialism and the discourse of rights

Abstract

This article draws on feminist theory to develop a critique of some current trends in the advocacy of lesbian and gay rights. Taking as our example a recent report by Liberty, we question the wisdom of posing rights in terms of equality with heterosexuals. This stance leaves heterosexuality itself unquestioned, along with the gender divisions which underpin it. It is symptomatic of a more general failure to appreciate the interrelationship between gender and sexuality and is indicative of the divergence between feminist and gay rights perspectives. This is also reflected in the latter's shift away from an understanding of sexuality as socially constructed. Following this trend, Liberty seeks to establish the legitimacy of gay rights on the basis of two irreconcilable alternatives: either sexuality is an immutable characteristic or it is a matter of choice. In both cases sexuality is seen as a property of individuals, reinforcing the individualism on which the liberal discourse of rights is founded. The result of this flawed analysis, we argue, is a deeply contradictory and misconceived approach to rights.