SEXUAL ORIENTATION AND THE POLITICS OF BIOLOGY - A CRITIQUE OF THE ARGUMENT FROM IMMUTABILITY

Three recent scientific reports that purport to show a biological basi s for homosexuality have changed the face of pro-gay equal protection litigation by making the argument from immutability more attractive. P rofessor Janet E. Halley critiques these studies and their reception i n legal culture. Because immutability is not a requirement for success ful pro-gay litigation, moreover, Professor Halley contends that pro-g ay litigators who invoke the argument from immutability do so not only at their option, but at the risk of misrepresenting and dividing the community they hope to represent. She argues that pro-gay legal argume nt should focus instead on common ground that adequately represents th e self-conceptions of both pro-gay essentialists and pro-gay construct ivists. And she suggests just such a common ground for more effectivel y articulating pro-gay equal protection arguments.