Waaldijk, C.

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- 333 -36.Freedom and equality: Alternate goals in the gay rights move-ment.Kees WaaldijkThe most obvious difference between the words "homosexual"and "homosocial" is the absence of the part "sexual" in thelatter. This part of the word "homosexual" generally servestwo functions: it indicates that it is a word about the genderof people and i t indicates that it is a woid about genitalpleasure. This double function of "sexual" gives the show awayof the social phenomenon that ideas about gender roles andgenital pleasure are linked. More specifically: sex withpeople of the same sex is/was considered abnormal. This socialnorm is being challenged by lesbians and gays. Four ways ofchallenging are possible:This specific linkage of gender ideas with ideas aboutgenital pleasure is disputed.Gender ideas in general are disputed.- Ideas about genital pleasure in general are disputed.- Both ideas about gender roles and ideas about genitalpleasure are disputed.All four ways leave open the choice of several pragmatic andacademic approaches. In this paper I will focus on legal ap-proaches.According to my opinion, the organisers of this congressapparently have chosen the third way. They have replaced theword "homosexual" by the word "homosocial". The subtitle ofthe congress: "forms of recognition of female and male rela-tionships" clearly indicates that the word "homosocial" isused to indicate relations between people of the same sex. Themost essential difference between the words "homosexual" and"homosocial" thus is that the latter does not refer to genitalpleasure. Thereby the concept of homosexuality is challengedon its genital side. Not on its gender side. This congress issupposed to stress that there are more same sex relations thansexual same sex relations. The notion of samesexness is takenfor granted. This way of challenging hetero- and homosexualnormality may be useful. In the lesbian/gay movement however,we have to choose between more ways, the four mentioned. Wehave to consider all of them. In this paper I will schematic-ally describe the ways in which the anti-homosexuality norm ischallenged in the legal section ot the lesbian/gay movement.The first two stages in the gay rights movement:freedom and equality- 334 -In the beginning homosexuality (same-sex sex) was forbid-den. This in general holds true, if we do not go back lookingtor "the beginning" more than 200 years. This caused the firstgoal of the gay rights movement to be: freedom, which was tobe gained by the abolition of the legal prohibition of homo-sexuality. This stage of fighting for homosexual freedom canstill be wit- nessed in countries like Ireland, Cyprus,Romania and the USSR where all (male) homosexuality still isforbidden. In some countries this stage ended recently. InScotland till 1981, in Norway till 1972, in England till 1967all (male) homosexuality was forbidden, and consequently thegay rights movements in those countries until these yearsfocussed on the fight against this lack of freedom. In othercountries this freedom oriented stage had ended already aroundthe year 1800, when the Napoleontic criminal codes wereintroduced. This was the case in France and the Netherlands.Strictly speaking this first stage of the gay rights movementnever occured in the last mentioned countries, since freedomin the sense of abolition of the complete prohibition ofhomosexuality was gained before the first gay organising tookplace.The general characteristic oi this freedom-stage in severalcountries was the specific attention for homosexuality. Thefight for gay rights was not explicitly linked to fights formore general gender freedom or for more genital freedom. Thiswas different in countries like France and the Netherlands,where legal homosexual freedom was — silently — gained in amore general fight for fundamental freedoms.Conclusion:In most countries the first goal of the gay rights movementwas freedom for homosexuality äs such. This first stage ofthe gay rights movement took place on the homosexual cross-roads of gender and genitals. It was (or still is) aspecies of the first of the four mentioned possible ways ofchallenging.In many countries the general prohibition of (male) homosex-uality was replaced by a partial prohibition. A distinctionwas made between homosexual and heterosexual legal ages ofconsent. This still is the case in England and Scotland, wherehomosexual acts with someone between 16 and 21 are forbidden,whereas heterosexual acts with someone of that age are legal.The same was the case in the Netherlands (till 1971) andFrance (till 1981). In these countries age limits had beenintroduced earlier in this Century. The differences in ages ofconsent are/were feit äs discrimination. Consequent]y equalitybecame the main goal in the gay rights movement. Governmentswere asked to change the law, and have the same rules forhomosexuality and heterosexualiLy. This quest was not re-- 335 -stricted to reform of criminal law only. Also the rights ofgay households were a topic. To them the same facilitiesshould be offered äs were oftered to married people.Also this second stage, this equality-stage is character-ised by specific attention for homosexuality. In the Nether-]ands it coincided with one variety of the integration-theory:it had to be stressed that homosexuality was "just the same"äs heterosexuality.Conclusion:The second goal of the gay rights movement in many coun-tries is/was equality for heterosexuality and homosexual-ity äs such. This stage too is/was a species of the firsto± the four mentioned possible ways of challenging.The following two stages in the gay rightsmovement: freedom and equalityThe absence of a clearcut legal prohibition of homosexual-ity confuses the gay rights movement. Goals then are notlongcr obvious. This is one of the factors explaining the ex-plosion of new gay/lesbian organisatiot^ in the last decades.The hetherlands may serve here äs an example, because it wasone of the first countries to end the second (equality) stage.The first tendency in the new phase was an increased attentiontor the notion ot freedom. The gay movement was not longerseen äs an Organisation focused at the abolishing of legalprohibitions of homosexuality. The main goal was not thefreedom to do certain genital acts with certain people. Thegoal became more general. Freedom to dress like someone of theother sex. Freedom to have sex with more than one person.Freedom to have sex with children. Freedom to have sex inpublic. There also was a quest for more free crganising, formore free culture, for more free academic studies. In thisthird stage law was not so important. However, it played arole on some minor points. Some examples: bye-laws restrictingthe time one was allowed to use public toilets became a targetof gay rights groups; in universities gays and lesbians foughtfor the right to follow courses in "homostudies". This wideningfreedom perspective also led to new solidarity with the causesof groups such äs transvestites and paedophiles.The general characteristic of this stage of freedom is theattention for a general right to behave differently. Before,the gay rights movement had restricted itself to one type ofdifferent behaviour: having sex with someone of the same sex.This specific goal was replaced by a wider goal.Conclusion:- 336 -The third goal of the gay rights movement in the Nether-lands is freedom in general. Confrontation became a keyword: "Gays and lesbians are not just the same äs anybodyeise, they are different and do so". In this stage thesecond and third of the possible ways of challenging theanti- homosexuality norms are employed: Ideas about genderor ideas about genitals are challenged.In the second half of the seventies law became important againin the dutch gay rights movement. Law was not longer consider-ed something to be abolished, law was adopted äs one possibleInstrument for the gay movement. Anti-discrimination laws wereasked. The official law might be non-discriminatory ingeneral, in practice discrimination still took place frequent-ly. The revision of the dutch constitution became a focalpoint. A new first article was to forbid discrimination. "Sex-ual orientation" was not named in the original draft. Parlia-ment and government thereupon agreed that the words "or anyother ground whatsoever" were to be added, so äs to coversexual orientation. Legally the constitution is not very im-portant in the Netherlands. Normal parliamentary laws canbe important. Such a law is being prepared to prohibit dis-crimination against women. The homosexual rights movement,helped by the feminist movement, succeeded in getting sexualorientation in the draft. Discrimination against women anddiscrimination against homosexuals are to be forbidden in thesame law, because logically the latter is a type of thisfirst. These governmental plans are not yet law.Neverthelessequality once again is a main goal in the gay rights movement.In this fourth stage it is not just equality of homosex-uality and heterosexuality. It is emphasized that the oppres-sion of homosexuality is one of the forms in which Societyrestricts people on basis of gender-roles. Those gender-rolesare now under attack. And law is seen äs one of the arms to beused by the gay movement when fighting them.Conclusion:The fourth goal of the gay rights movement in theNetherlands is equality of men and women in general.Anti-discrimination law is the key word. In this stage thesecond of the mentioned possible ways of challenging theconcept of homosexuality is used: the challenging of theideas about gender in general.The next stage in the gay rights movement: freedomAND equality?Until now the gay rights movement seems uncapable of com-- 337 -bining the notions of freedom and equality. Most of the timejust one of the two remains the goal of the movement. If free-dom and equality are such a goal at the same time, äs is thecase in the Hetherlands nowadays, they are not the goal s ofthe same part of the movement. The relatively "unofficial"part of the gay rights movement now iocusses on freedom. Themore well established gay organisations (groups in politicalp;irties, parts of the COC) focus on equality.I assume that a united, or at least communicating andunderstanding, gay rights movement will have more effectthan a gay movement divided along the lines cf freedom andequality. Therefore it should be tried to combine the two mainabstract goals of the gay rights movement (freedom andequality). Two things should be clear to make such acombination possible and understandable.In the first place the dual character of the concept ofhomosexuality should be understood. This concept concerns bothgender and genitals. These two are to be distinguished. Thatthey are often linked with each other, is one of the originsof the homosexual taboo. If we then are to put homosexualityin a wider perspective, we will have to put it in two widerperspectives: that of gender and that of genitals. in bothperspectives we can fight for freedom and for equality: Thefreedom to behave independent from an ascribed gender role,and the freedom to do it different, with genitals and therest. The equality of men and women and the equality betweenpeople having sex in thls way and those having it in that way.In the second place the different degrees of finality offreedom and equality should be distinguished. Equality neveris an aim in itself. It serves a purpose, the purpose of free-dom. If people are not treated equal, then some people havemore possibil ities to do things äs they like (i.e. freedom)than other people. But also freedom is not an aim in itself.1t serves a purpose. What purpose? That we are to know all forourselves. Freedom and equality are abstract goals, but in theend they are on]y means. Means to help us to be equally freeto do the things we want to do. For example: making love withsomeone of the same sex.When we are fighting for equality or for freedom or forboth, we should remember that freedom and equality are justphases we are going through.

Freedom and equality: alternate goals in the gay rights movement

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Freedom and equality: alternate goals in the gay rights movement

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