PHIL 338: Study Questions on Topic #8: A Right Against
Discrimination on the Basis of Sexual or Gender Expression
1. Article 2 of the UNUDHR says: "Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status." Is it reasonable to believe that there is such a broad moral right against discrimination? Explain.
2. (a) In class we discussed the Santorum position on discrimination on the basis of sexual or gender expression. According to Santorum, what is the important disanalogy between discrimination on the basis of sexual or gender expression and discrimination on the basis of race, sex, or nationality? (b) Do you agree with Santorum that the disanalogy justifies discrimination on the basis of sexual or gender expression? Explain.
3. (a) What are the six steps that Nussbaum identifies for full protection of the rights of gays, lesbians, bisexuals, and transgendered? (Hint: She classifies them as six kinds of rights.) (b) Do you agree that all six kinds of rights should be guaranteed? Explain. (Focus your explanation on any disagreements you have with Nussbaum. If you have no disagreements with her, focus your discussion on the items on her list that are most controversial.)
4. In Lawrence v.
Texas, what kind of statutes did the U.S. Supreme Court declare to be
unconstitutional? (b) In Justice
Scalia's dissent, he made a slippery slope argument in which he listed nine
examples of laws that would be overturned by the reasoning of the Court in
5. (a) Explain why act utilitarianism might justify laws prohibiting homosexual couples from socializing in public. (b) Explain why J.S. Mill would disagree with the act utilitarian on this issue.