Психологические Исследования Psychological Studies
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Section 377 IPC ……………………….…………………………
Bar & Bench (www.barandbench.com) 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO. 76 OF 2016 NAVTEJ SINGH JOHAR & ORS. …Petitioner(s) VERSUS UNION OF INDIA THR. SECRETARY MINISTRY OF LAW AND JUSTICE …Respondent(s) WITH WRIT PETITION (CIVIL) NO. 572 OF 2016 WRIT PETITION (CRIMINAL) NO. 88 OF 2018 WRIT PETITION (CRIMINAL) NO. 100 OF 2018 WRIT PETITION (CRIMINAL) NO. 101 OF 2018 WRIT PETITION (CRIMINAL) NO. 121 OF 2018 J U D G M E N T Dipak Misra, CJI (for himself and A.M. Khanwilkar, J.) C O N T E N T S S. No(s). Heading Page No(s) A. Introduction………………………………………… 3-11 B. The Reference……………………………………… 11-15 Bar & Bench (www.barandbench.com) 2 C. Submissions on behalf of the petitioners…… 15-30 D. Submissions on behalf of the respondents and other intervenors.………………………….… 31-44 E. Decisions in Naz Foundation and Suresh Koushal………………..…………………………….. 45-48 F. Other judicial pronouncements on Section 377 IPC ……………………….………………………….. 48-57 G. The Constitution – an organic charter of progressive rights………………………………… 57-64 H. Transformative constitutionalism and the rights of LGBT community………………………. 65-74 I. Constitutional morality and Section 377 IPC…. 74-81 J. Perspective of human dignity…………………… 81-89 K. Sexual orientation…………………………………. 89-96 L. Privacy and its concomitant aspects…………... 96-111 M. Doctrine of progressive realization of rights…………………………………………………. 111-118 N. International perspective…………………………. 118 (i) United States……………………………… 118-122 (ii) Canada…………………………………….. 123-125 (iii) South Africa………………………………. 125 (iv) United Kingdom…………………………. 126-127 (v) Other Courts/Jurisdictions…………….. 127-129 Bar & Bench (www.barandbench.com) 3 O. -
The Evolution of Darwinian Sexualities
BJHS Themes (2021), 1–23 doi:10.1017/bjt.2021.7 RESEARCH ARTICLE The evolution of Darwinian sexualities Erika Lorraine Milam* History Department, Princeton University *Corresponding author: Erika Milam, Email: [email protected] Abstract Charles Darwin’s Descent of Man was suffused with questions of courtship, mating and sex. Following in his footsteps, biologists throughout the twentieth century interrogated the sexual behaviour of humans and animals. This paper charts the fate of evolutionary theories of sexuality to argue that – despite legal and social gains of the past century – when biologists used sexual selection as a tool for theorizing the evolution of homosexual behaviour (which happened only rarely), the effect of their theories was to continuously reinscribe normative heterosexuality. If, at the end of the nineteenth century, certain sex theorists viewed homosexuality as a marker of intermediate sex, by the late twentieth a new generation of evolutionary theorists idealized gay men as hyper- masculine biological males whose sexual behaviours were uncompromised by the necessity of accommodating women’s sexual preferences. In both cases, normative assumptions about gender were interwoven with those about sexuality. By the twenty-first century, animal exemplars were again mobilized alongside data gathered about human sexual practices in defence of gay rights, but this time by creating the opportunity for naturalization without recourse to biological determinism. Charles Darwin’s Descent of Man and Selection in Relation to Sex was suffused with questions of courtship, mating and sex.1 Darwin’s reconstruction of animal history positioned ani- mals as vital sources of information on the development of the sexes and the mechanisms of courtship. -
Immutability and Innateness Arguments About Lesbian, Gay, and Bisexual Rights
Chicago-Kent Law Review Volume 89 Issue 2 Symposium on Intragroup Dissent and Article 5 Its Legal Implications April 2014 Immutability and Innateness Arguments about Lesbian, Gay, and Bisexual Rights Edward Stein Follow this and additional works at: https://scholarship.kentlaw.iit.edu/cklawreview Part of the Legal Profession Commons, Litigation Commons, and the Sexuality and the Law Commons Recommended Citation Edward Stein, Immutability and Innateness Arguments about Lesbian, Gay, and Bisexual Rights, 89 Chi.- Kent L. Rev. 597 (2014). Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol89/iss2/5 This Article is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Law Review by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact [email protected], [email protected]. IMMUTABILITY AND INNATENESS ARGUMENTS ABOUT LESBIAN, GAY, AND BISEXUAL RIGHTS EDWARD STEIN* INTRODUCTION A popular and intuitively plausible argument for the rights of lesbians, gay men and bisexuals (LGB people1) focuses on the claim that sexual orientations are inborn and/or unchangeable. This argument draws on three sources: ethical, scientific, and legal. The scientific source is the widely held observation that people generally (and LGB people particularly) do not choose their sexual orientation. This observation is buttressed by claims about the causes and character of human sexuality. The ethical source is the general intuition that people should not be punished for something that they did not choose. Together, these ethical and scientific beliefs lead to the conclusion that LGB people should not be subject to discrimination, their sexual behaviors should not be criminalized, they should have the option for their relationships to be publicly sanctioned, and, more generally, they should not be treated differently from heterosexuals. -
How Transformative Learning in Popular Culture, Christianity, and Science Will Lead To
Journal of Gender, Social Policy & the Law Volume 14 | Issue 2 Article 1 2006 Many Are Chilled, But Few Are Frozen: How Transformative Learning in Popular Culture, Christianity, and Science Will Lead to the Eventual Demise of Legally Sanctioned Discrimination Against Sexual Minorities in the United States Susan J. Becker Follow this and additional works at: http://digitalcommons.wcl.american.edu/jgspl Part of the Constitutional Law Commons, and the Other Law Commons Recommended Citation Becker, Susan J. "Many Are Chilled, But Few Are Frozen: How Transformative Learning in Popular Culture, Christianity, and Science Will Lead to the Eventual Demise of Legally Sanctioned Discrimination Against Sexual Minorities in the United States." American University Journal of Gender, Social Policy & the Law. 14, no. 2 (2006): 177-252. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Journal of Gender, Social Policy & the Law by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Becker: Many Are Chilled, But Few Are Frozen: How Transformative Learning MANY ARE CHILLED, BUT FEW ARE FROZEN: HOW TRANSFORMATIVE LEARNING IN POPULAR CULTURE, CHRISTIANITY, AND SCIENCE WILL LEAD TO THE EVENTUAL DEMISE OF LEGALLY SANCTIONED DISCRIMINATION AGAINST SEXUAL MINORITIES IN THE UNITED STATES ∗ SUSAN J. BECKER Introduction.........................................................................................178 I. Milestones and Momentum for Sexual Minorities.........................181 A. Three Decades of Advancements..............................................182 1. Legal Status in the Late 1970s..............................................182 2. -
Kathleen Bryson Department of Anthropology, University College London Phd Thesis February 2017
THE EVOLVING BINARY: PERSPECTIVES ON INFRA- AND ULTRAHUMANISATION Kathleen Bryson Department of Anthropology, University College London PhD Thesis February 2017 1 I, Kathleen Bryson, confirm that the work presented in this thesis is my own. Where information has been derived from other sources, I confirm that this has been indicated in the thesis. 2 For Mom and Dad 3 ACKNOWLEDGMENTS Thank you to Professor Volker Sommer: great supervisor, great friend and great ape. Studying with you has been everything I dreamed the idealised medieval intellectualism of doing a doctorate could be, in that I learned as an apprentice to your mastercraftsman. From one Pan sapiens to another, it has been a privilege to soak up your wisdom (I’m confident you secretly like my “feistiness”). Great thanks as well to my second supervisor Dr Christophe Soligo for his steadfast support with my multinomial logistic regressions and equally steadfast sense of humour (sorry we were such a dud bunch of teetotal noses-to- grindstone doctoral students; hopefully the next set will be more festive!); great thanks, too, to Drs Gemma Price, Matthew Thomas, Anna Barros, Jeroen Smaers and Lucio Vinicius of UCL for statistical help; Dr Clyde Arcano of King’s College; Chris Hagisavva in the UCL Anthropology Department for the computer support throughout these years; Martin O’Connor, Chris Russell, Paul Carter-Bowman, Yang Man, Keiko Homewood, Diana Goforth, Dan Newcombe and Shanaz Begum for all administrative helpfulness. A very special thanks to my parents Phil and Eileen Bryson for immeasurable support of all types, some of which cannot be quantified and some of which most certainly can be, and I am humble and grateful for all of it. -
Gay, Straight, and the Reason Why: the Science of Sexual Orientation/Simon Levay
Gay, Straight, and the Reason Why < This page intentionally left blank Gay, Straight, and the Reason Why The Science of Sexual Orientation SIMON LeVAY 1 2011 1 Oxford University Press, Inc., publishes works that further Oxford University’s objective of excellence in research, scholarship, and education. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offices in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Copyright © 2011 by Simon LeVay Published by Oxford University Press, Inc. 198 Madison Avenue, New York, New York 10016 www.oup.com Oxford is a registered trademark of Oxford University Press All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press. Library of Congress Cataloging-in-Publication Data LeVay, Simon. Gay, straight, and the reason why: the science of sexual orientation/Simon LeVay. p. cm. Includes bibliographical references and index. ISBN 978-0-19-973767-3 1. Sexual orientation. 2. Sex (Psychology) 3. Sex (Biology) I. Title. BF692.L476 2010 155.3–dc22 2009049210 1 3 5 7 9 8 6 4 2 Printed in the United States of America on acid-free paper CONTENTS - Introduction vii one What Is Sexual Orientation?