Sexual Orientation and Choice

Is there a choice in sexual orientation? [Wilkerson, William S. : “Is It a Choice? Sexual Orientation as Interpretation”. In: Journal of Social Philosophy 40. No. 1, p. 97–116] argues that sexual desires require interpretation in order to be fully constituted, and therefore sexual orientation is at least partially constituted by choice. [Díaz-León, Esa : “Sexual Orientation as Interpretation? Sexual Desires, Concepts, and Choice”; In: Journal of Social Ontology] critically assesses Wilkerson’s argument, concluding that we still lack a good argument for the claim that choice plays a role in sexual orientation. Here I examine Díaz-León’s response to Wilkerson. I introduce what I call the conceptual act theory of sexual orientation, and argue that even if interpretation were not necessary to constitute sexual desires, it is a necessary element to constitute what we call sexual orientation. However, I conclude that even if we agree that interpretation is involved in sexual orientation, it does not follow that there is a choice involved

Sexual orientation and family law

On 29th March 2000 the Scottish Parliament passed its fifth piece of legislation, the Adults with Incapacities (Scotland) Act 2000. One small provision tucked away in this important legislation amends the definition of "nearest relative" in the Mental Health (Scotland) Act 1984, in order to include within that phrase members of conjugal same-sex couples1. The relative obscurity of this provision must not hide its import, for this is the first time that legislation anywhere in the United Kingdom has expressly and intentionally given recognition, for civil law purposes, to the existence of same-sex family relationships

Sex: Sexual Orientation, Sex Stereotyping, and Title VII

The United States Supreme Court recently heard oral arguments in Altitude Express v. Zarda, a case that addresses whether Title VII’s prohibition of discrimination “on the basis of sex” prohibits sexual orientation discrimination.  Relying on three related lines of reasoning, the United States Court of Appeals for the Second Circuit had held that it did.  First, sexual orientation discrimination would not have occurred “but for” the employee’s sex; second, sexual orientation discrimination relies on the sex-stereotype that individuals should be attracted to individuals of the opposite sex; and third, sexual orientation discrimination is a form of prohibited associational discrimination.  This Article opines that the strongest and most compelling of these three arguments is sex stereotyping since gays and lesbians fail to conform to the ultimate stereotype that real men are sexually attracted to women and real women are sexually attracted to men.  This stereotype is a means of maintaining anachronistic and outdated gender roles for men and women

Evidence of Employment Discrimination on the Basis of Sexual Orientation and Gender Identity: Complaints Filed with State Enforcement Agencies, 1999-2007

To more accurately measure the effect of anti-discrimination laws, this report compares sex, race, and sexual orientation complaint rates through a population-adjusted model. Today, twenty states and the District of Columbia prohibit employment discrimination based on sexual orientation. Of those, thirteen also prohibit discrimination on the basis of gender identity. An aggregation of all available state level data reveals that sexual orientation discrimination laws are used at similar frequencies by Lesbian, Gay, and Bisexual (LGB) workers as sex discrimination laws by female workers, both at 5 complaints per every 10,000 workers. Race complaints are filed at the higher rate of 7 per 10,000 workers

Sexual Orientation, Demography and Labor Relations

We use data from the 2008-09 Athens Area Study (AAS) to provide the first evidence on the relationship between sexual orientation and earnings in Greece. The AAS asks male adults a direct question about their sexual orientation: about 4.52% self-identify as homosexuals and 0.86% as bisexuals. Sexual orientation minorities are found to receive significantly lower monthly wages than heterosexual workers of the same age, education, health status and occupational characteristics. Moreover, there is statistically significant evidence that homosexual and bisexual men have higher unemployment rates than similarly situated heterosexuals. Of further importance is the finding that sexual orientation minorities who are also older, less educated, blue collar workers, and/or immigrants are statistically more vulnerable to wage discrimination and unemployment than comparable heterosexuals. Moreover, in the current research, in order to better understand the determinants of the wage gaps, we compare homosexual/bisexual men with both married and unmarried heterosexual men. By making these comparisons, we are able to disentangle the penalty associated with being unmarried from other human capital explanations of the wage gap. Given the legal actions in Greece that have the potential to affect sexual orientation minorities, it is important to understand the relationships between sexual orientation, demography and labor market.Sexual Orientation, Wage Differentials, Labour Discrimination

Does Sexual Orientation Moderate between Partner Substance Use and Alcohol Consumption?

Does Sexual Orientation Moderate between Partner Substance Use and Alcohol Consumption? Jasmine Jones, Depts. of Psychology and African American Studies, with Dr. Jessica Salvatore, Dept. of Psychology Being with an antisocial partner can be challenging in various ways. Prior research suggests that involvement with an antisocial partner is associated with higher levels of substance use (Fleming, White, and Catalano 2010). Having a minority sexual orientation can also influence one’s own substance use. Prior research shows that individuals who identify as a sexual minority report higher levels of substance use compared to those who identify as heterosexual (Hughes, Wilsnack, Kantor 2016). Despite the robust associations between partner antisocial behavior, alcohol consumption, and sexual orientation there is little research looking at whether the association between having an antisocial partner and alcohol consumption differs as a function of sexual orientation. The aim for this study was to examine whether the association between a partner’s antisocial behavior and alcohol use differs as a function of sexual orientation. Participants came from “Spit for Science,” a university research opportunity for any freshman that would like to participate. Participants (N = 1502, 70.8% female) were invited to participate in surveys during their freshman year and every spring semester after. We used a subset based on participants who reported to be in a relationship during the spring semester of their freshman year. Consistent with prior research and our hypothesis, having a partner with higher substance use is associated with higher levels of alcohol consumption. Contrary to our hypothesis, we did not find evidence that partner substance use and alcohol consumption differed as a function of sexual orientation. Individuals who are involved with someone who consumes alcohol will consume more alcohol, however, this does not differ as a function of sexual orientation.https://scholarscompass.vcu.edu/uresposters/1317/thumbnail.jp

Is Ageism Alive in Date Selection Among Men? Age Requests Among Gay and Straight Men in Internet Personal Ads

We examine 2,400 personal ads from male advertisers collected from the Internet, focusing on age preference by race and sexual orientation. We look at whether advertisers display any age preference in personal ads and whether the preference varies by race and sexual orientation. We find that gay men are more likely than straight men to state an age preference. Also, the preference for younger partners intensified among the older advertisers regardless of race and sexual orientation. Youth is still a treasured commodity in date selection for men. However, some men, especially gay men, prefer more mature partners. At least 20 percent of gay Asian men in all three age groups prefer older partners. Further research is recommended to explore this exception among gay Asian men

Are homosexuals discriminated against in the hiring process?

This paper presents the first field experiment on sexual orientation discrimination in the hiring process in the Swedish labor market. Job applications were sent to about 4,000 employers in 10 different occupations in Sweden. Gender and sexual orientation were randomly assigned to applications. The results show that sexual orientation discrimi-nation exists in the Swedish labor market. The discrimination against gays and lesbian varies across different occupations and appears only in the private sector. The results also seem to suggest a new dimension of traditional gender roles; the gay applicant was discriminated against in typical male-dominated occupations whereas the lesbian applicant was discriminated against in typical female-dominated occupations. Thus, the results suggest that gays to some extent face the same obstacles on the labor market as heterosexual women.Labor market discrimination; sexual orientation; field experiment

Perceiving Orientation: Defining Sexuality After Obergefell

In the aftermath of the Supreme Court’s recent decision in Obergefell v. Hodges, constitutional jurisprudence will have to more clearly define sexual orientation itself. The Obergefell majority describes sexuality as binary and suggests that any sexual orientation is immutable, normal, and constitutive of individual identity. Other scholars have shown how the kind of binary created by Obergefell excludes those with more fluid sexual identities and experiences from legal protection. This Article illuminates new problems with Obergefell’s approach to sexuality by putting that definition in historical context. While describing sexuality as a matter of orientation may now seem inevitable, this Article shows that nothing could be further from the truth. In the 1970s, leading GLBTQ activists considered and rejected the language of sexual orientation. Instead, movement members battled for civil-rights laws banning discrimination on the basis of sexual or affectional preference. The rhetoric of preference gained support for reasons that remain relevant to sexualorientation jurisprudence today. Drawing on the history of debates about sexual orientation, this Article proposes a definition that protects individuals on the basis of actual or perceived sexual orientation. A perceived-orientation approach addresses problems mentioned in leading studies as well as those spotlighted by activists in over time. First, this strategy will make it harder for discriminators to separate conduct and status. This approach also protects those who do not fit within established heterosexual or homosexual categories, but does not depend for its success on the rejection of those entrenched binaries. Perhaps most importantly, a perceived-orientation approach promises relief to all victims of orientation-based stereotyping, not only to those who can prove their “true” status