Tuesday, December 28, 2010
Triger: "Fear of the Wandering Gay: Some Reflections on Citizenship, Nationalism, and Recognition in Same-Sex Relationships"
Zvi Triger (The College of Management Academic Studies School of Law) has posted "Fear of the Wandering Gay: Some Reflections on Citizenship, Nationalism, and Recognition in Same-Sex Relationships" (forthcoming International Journal of Law in Context) on SSRN. Here is the abstract:
This is an article about the fear of the Wandering Gay, about ways in which this fear has influenced domestic and international law regarding recognition in same-sex relationships, and about the ways this fear can be overcome. The article proceeds as follows: In part II I introduce the Wandering Gay as a hidden driving cultural concept behind a state’s reluctance (and in some places, outright objection) to fully recognize same-sex relationships. In part III I compare American and Israeli immigration policies concerning immigrants’ sexuality, and discuss the different foci of each system: While American policy (prior to its reform) was mainly concerned with sexual “deviancy,” Israeli policy has been concerned with otherness, particularly non-Jewishness, in general. However, as I argue, homosexuality is one way in which individuals are ‘othered’ by Israeli immigration policy, since they cannot acquire legal status based on their marital status.
Finally, in part IV I argue that marriage is being used as a weapon against LGBT individuals, and that this is done from within a discourse that elevates marriage to a right that only heterosexual citizens are entitled to. I argue that marriage is used as a means of discrimination against minorities and I question whether the proper solution to this violation of human rights is indeed to add more and more minorities to the privileged class of those who can get married, thus equipping them with the weapon of marriage to use against others.