Academia.eduAcademia.edu

Can you be gay by choice?

2016

In this chapter, I question the logical and legal basis of the "born this way" gay rights movement, and I suggest that it is vulnerable to critique. I also raise the prospect of high-tech conversion therapies of the future that, if they were developed, would undermine even the empirical basis for this movement. Since the fight for gay rights is so important, I suggest, it should be placed on stronger intellectual footing.

Can you be gay by choice? Brian D. Earp University of Oxford Author’s personal copy. Published book chapter. Please cite as: Earp, B. D. (2016). Can you be gay by choice? In D. Edmonds (Ed.), Philosophers Take on the World (pp. 95-98). Oxford: Oxford University Press. Available online at: https://www.academia.edu/23891137/Can_you_be_gay_by_choice. Abstract * In this chapter, I question the logical and legal basis of the "born this way" gay rights movement, and I suggest that it is vulnerable to critique. I also raise the prospect of hightech conversion therapies of the future that, if they were developed, would undermine even the empirical basis for this movement. Since the fight for gay rights is so important, I suggest, it should be placed on stronger intellectual footing. * Please note: this abstract does not appear in the final, published version of this chapter. It is included here for reference only. Introduction Can you be gay by choice? Most campaigners for gay rights would say no. But in January 2012, former Sex and the City star Cynthia Nixon—who identifies as gay—said that she chose her sexual orientation from among alternatives. In an interview, she put it like this: I gave a speech recently, an empowerment speech to a gay audience, and it included the line ‘I’ve been straight and I’ve been gay, and gay is better.’ And they tried to get me to change it, because they said it implies that homosexuality can be a choice. And for me, it is a choice. I understand that for many people it’s not, but for me it’s a choice, and you don’t get to define my gayness for me. She went on to say: ‘A certain section of our community is very concerned that it not be seen as a choice, because if it’s a choice, then we could opt out. [But] why can’t it be a choice? Why is that any less legitimate? It seems we’re just ceding this point to bigots who are demanding it.’1† What were some members of the gay community worried about? The concern was this: if people can’t choose who they’re sexually attracted to, then it seems unfair to discriminate against them on account of their sexual orientation. For that would be like discriminating against someone because of their race or sex, which are equally un-chosen (because both are determined at birth). But if too many members of the public were to take Nixon’s statements seriously, it would have the effect of undermining the ‘born this way’ movement for gay rights, which is largely premised on the idea that people can’t choose their sexual orientations. 2 The question of identity Now it’s my turn to weigh in. I think that Cynthia Nixon is a lot closer to correct on this issue than her detractors. ‘Being gay’—as opposed to ‘feeling uncontrollably and exclusively attracted to same-sex individuals’—is a question of identity, and one’s identity is in many respects up to oneself. That is, it is a question of how one chooses to self-identify. If you think you’re gay, then you’re gay. Now, if you find yourself overwhelmingly attracted to members of the opposite sex, and not at all to members of the same sex (of course these are over-simplifications—sex is not a simple binary), you would be a bad citizen of your language community to go on and apply the label ‘gay’ to yourself. You’d be bound to cause some confusion. We don’t, as a rule, get to make up our own new personal meanings for words and expect others to play along. But if you’re capable of feeling attraction to members of more than one sex, as many people are, and if you orient your romantic and sexual behaviour around the same-sex side of the continuum, then go ahead and consider yourself gay. Who you ‘are’ is not a metaphysical fact. Instead, it’s a self-constructed tag, used for the sake of convenience to dumb down the complexity of interpersonal judgements and communication. A tag is a placeholder for a longer conversation. ‘Gay’ is tag. The question of who a person is chiefly sexually attracted to, across time and circumstance, is less up for debate, and is largely a different question. And it is one that can be answered—so far as we know—by appeals to both nature and nurture.2‡Genes play a role. Early experiences (like exposure to certain hormones in the womb) play a role. People’s attitudes toward their own sexual feelings play a role—and so on. For many people, these various factors conspire to push 3 the weight of attraction very heavily to one side of the sex-based physical appearance scale or the other. For others it’s more ambiguous. In fact, chopping up human sexuality into a few nifty labels—‘gay’, ‘straight’, and ‘bisexual’—is the source of much confusion here. Sexual attraction is complex, and the labels are shorthand. If you want to really know about a person’s sexual orientation, you should be prepared to sit and chat with them for a while. Getting back to choice So where does this leave us? If what I’ve said so far is correct, then, for some people, there certainly is room for choice with respect to their ‘gayness’—and Cynthia Nixon is one such individual. But still, it might be asked, isn’t there an important difference between making a decision about how to self-identify—or even how to act on the basis of one’s innermost sexual desires—and actually changing the desires themselves? And if those (the desires) are largely determined by biological factors outside of a person’s control, then wouldn’t it still be unfair to discriminate against people with predominately same-sex sexual attractions? Yes—that’s right. Fair enough. But there’s an even deeper problem to resolve. For if sexual orientation is largely ‘written into’ the brain by the forces of neurochemistry—as science seems to suggest, and as the ‘born this way’ gay rights movement has been at pains to make public knowledge—then actually changing that neurochemistry (in the right kind of way) would allow people to change their sexual orientation after all. Such ‘hi-tech’ conversion therapy is not currently available.3§ But one day, it very well might be. So, what should we be prepared to conclude? That if people can eventually change 4 their sexual orientations, it would be OK to discriminate against those who choose to stick with their same-sex attraction? Conclusion This takes us back to Cynthia Nixon and her ‘bigots’—those people who want to deny equal rights to same-sex couples. To draw such a conclusion, she suggested, would be to allow the (homophobic) religious right to ‘define the terms of the debate’. And she’s right: the debate shouldn’t hinge on the question of choice. To see why this is the case, consider the perspective of Dan Savage, the well-known social commentator. ‘Religious conservatives go on TV,’ he writes, ‘and knock on doors, [and] distribute pamphlets, [and] proselytize, and evangelize all over the country in an effort to get people to do what? To change their religions. To choose a different faith.’ In other words: … faith—religious belief—is not an immutable characteristic. You can change your faith. And yet religious belief is covered by civil rights laws and anti-discrimination statutes … The only time you hear that a trait has to be immutable in order to qualify for civil rights protections is when [conservatives] talk about [being] gay. The moral goal is clear. Gay people—including those whose feelings of attraction are largely outside of their control, as well as those who have some elbow room in terms of their feelings or notions of identity—deserve to be treated with respect. And romantic gay relationships are no less worthy of social and legal support than so-called straight relationships. So, as long as the state is involved in regulating marriage (and it isn’t clear that it should be), it should not be permitted to deny its citizens equal treatment before the law, whatever their sexual orientation.2 5 Notes 1 Witchell, A. (19 January 2012). Life after ‘sex’. New York Times. <http://www.nytimes.com/2012/01/22/magazine/cynthia-nixon-wit.html?_r=0> 2 Vierra, A., and Earp, B. D. (21 April 2015). Born this way? How high-tech conversion therapy could undermine gay rights. <https://theconversation.com/born-this-way-how-high-tech-conversion-therapycould-undermine-gay-rights-40121> 3 Earp, B. D., Sandberg, A., and Savulescu, J. (2014). Brave new love: The threat of high-tech conversion therapy and the bio-oppression of sexual minorities. AJOB Neuroscience, 5(1), 4–12. 4 Savage, D. (4 March 2015). Ben Carson: Being gay is a choice and prison proves it. The Stranger. <http://www.thestranger.com/blogs/slog/2015/03/04/21827375/republican-idiot-being-gay-is-a-choiceand-prison-proves-it> 6
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