Queer Jurisprudence: Reparative Practice in International Law

Queer theory's commitments are radical and disruptive. They have operated to interrogate the definition and reinforcement of sexuality and gender categories, and to expose and problematize normalized relations of power and privilege in the institutional structures and systems in which we live and operate. Queer's deconstructive and anti-normative (or non-conformist) tendencies, however, can be antithetical to international LGBTQIA+ law reform projects. In much of queer scholarship, human rights activism is framed as reinforcing heteronormative structures of knowledge and power and promoting fixed ideas of monogamy, social reproductivity, and gender identity. In this essay, I work with the tension between queer theory and the law to frame the continued pursuit of human rights by LGBTQIA+ people as queer jurisprudence. I do so by drawing on the methodological tools provided by Eve Sedgwick's technique of reparative reading and Michel Foucault's ethics of care of the self to focus on the lived experience of LGBTQIA+ people. What emerges through the stories of LGBTQIA+ commitments to human rights and legal activism are not themes of naivety, compliance, or assimilation, as often charged, but ongoing efforts toward disruption, creativity, and hope.

"Every Bloody Right To Be Here": Trans Resistance in Aotearoa New Zealand, 1967 - 1989

<p>Throughout the 1970s and 1980s, trans people in Aotearoa New Zealand resisted cisgender hegemony in numerous ways. This thesis aims to explore three key methods of trans resistance practiced during the period between 1967 and 1989 – community building, trans pride, and normalising trans. This study reveals that trans community building was the essential first step for the budding trans movement, yet maintains that there was never one single trans 'community’ and that each trans community practiced different and sometimes contradictory politics. Just as it was necessary to feel pride in one’s trans self in order to have no shame in connecting to trans others, so too was it necessary to challenge cisgender hegemony and advocate for trans people. This study examines the various ways trans people embodied ‘pride’, refusing to bow to shame on stages as large as the nation’s highest courts to as common as the everyday encounter on the street. The role of trans people in sex worker, gay liberation and homosexual law reform movements is also considered, as is the way trans politics reflected changes on the broader political landscape. Finally, this thesis takes a critical view of attempts made to normalise transness. In the fight for trans rights, some communities practiced a politics of transnormativity and respectability; they attempted to make themselves more respectable by further marginalising those trans communities which were already marginal. This thesis aims to spotlight the disciplining power of race, class, sexuality and gender, determining which bodies mattered and which did not.</p>

"Every Bloody Right To Be Here": Trans Resistance in Aotearoa New Zealand, 1967 - 1989

<p>Throughout the 1970s and 1980s, trans people in Aotearoa New Zealand resisted cisgender hegemony in numerous ways. This thesis aims to explore three key methods of trans resistance practiced during the period between 1967 and 1989 – community building, trans pride, and normalising trans. This study reveals that trans community building was the essential first step for the budding trans movement, yet maintains that there was never one single trans 'community’ and that each trans community practiced different and sometimes contradictory politics. Just as it was necessary to feel pride in one’s trans self in order to have no shame in connecting to trans others, so too was it necessary to challenge cisgender hegemony and advocate for trans people. This study examines the various ways trans people embodied ‘pride’, refusing to bow to shame on stages as large as the nation’s highest courts to as common as the everyday encounter on the street. The role of trans people in sex worker, gay liberation and homosexual law reform movements is also considered, as is the way trans politics reflected changes on the broader political landscape. Finally, this thesis takes a critical view of attempts made to normalise transness. In the fight for trans rights, some communities practiced a politics of transnormativity and respectability; they attempted to make themselves more respectable by further marginalising those trans communities which were already marginal. This thesis aims to spotlight the disciplining power of race, class, sexuality and gender, determining which bodies mattered and which did not.</p>

Milton's Manly Angels

<p>The masculine nature of the angels in Paradise Lost, in conjunction with their sexuality as revealed in Book VIII, prompted C. S. Lewis to try and explain away, not entirely convincingly, any potential “homosexual promiscuity” in his Preface to the epic. But other critics are unconcerned about the angels’ sexuality, probably because, unlike Lewis, they see them as essentially immaterial beings. In what follows I argue that a complete understanding of the angels’ sexuality must rest on Milton’s gradual revelation of the angels’ morphic substance, critical to their sexuality and gender identity. Milton’s use of the conventions associated with classical pastoral in depicting the angels suggests a male homosocial model analogous with the learning institutions of Milton’s own historical context – helpful when it comes to establishing the type of society, and relationships, in the heaven of Paradise Lost. Similarly, an exploration of bi-erotic elements occurring elsewhere within the Miltonic canon helps contextualise the bisexual potential of angelic desire. With these things in mind, a comprehensive understanding of the angelic sexuality can be achieved through close study of instances of desire, and sexuality, in Paradise Lost. The strong parallel between the angels, and Adam and Eve infers the potential for their descendants to evolve into a similar state of intimacy free of “Of membrane, joynt, or limb, exclusive barrs”.</p>

Milton's Manly Angels

<p>The masculine nature of the angels in Paradise Lost, in conjunction with their sexuality as revealed in Book VIII, prompted C. S. Lewis to try and explain away, not entirely convincingly, any potential “homosexual promiscuity” in his Preface to the epic. But other critics are unconcerned about the angels’ sexuality, probably because, unlike Lewis, they see them as essentially immaterial beings. In what follows I argue that a complete understanding of the angels’ sexuality must rest on Milton’s gradual revelation of the angels’ morphic substance, critical to their sexuality and gender identity. Milton’s use of the conventions associated with classical pastoral in depicting the angels suggests a male homosocial model analogous with the learning institutions of Milton’s own historical context – helpful when it comes to establishing the type of society, and relationships, in the heaven of Paradise Lost. Similarly, an exploration of bi-erotic elements occurring elsewhere within the Miltonic canon helps contextualise the bisexual potential of angelic desire. With these things in mind, a comprehensive understanding of the angelic sexuality can be achieved through close study of instances of desire, and sexuality, in Paradise Lost. The strong parallel between the angels, and Adam and Eve infers the potential for their descendants to evolve into a similar state of intimacy free of “Of membrane, joynt, or limb, exclusive barrs”.</p>

Protecting difference: A discussion on transphobic and homophobic hate crime in the Irish context

Ireland has been applauded internationally for its legislative progress in supporting the rights of (lesbian, gay, bisexual, and transgender) LGBT+ citizens. Yet much of the positive change within the social and political context of sexuality and gender expression has been achieved by campaign groups, operating outside government boundaries. Notwithstanding these advances, LGBT+ people continue to face discrimination, abuse and violence. Concerns surrounding acts of aggression towards transgender and gay people call for an ongoing dialogue between legislators, policymakers, and practitioners to explore ways in which safety can be ensured. This article draws from an emerging body of scholarship and research to question the effectiveness of current social policy and legislation in Ireland. It offers a discourse on hate crime related to transphobia and homophobia, while challenging the existing political thinking. Multi-agency collaborative working is suggested as key to fostering solutions together with changes in legal paradigms, and the continued formation of policy aimed at safeguarding the LGBT+ community.

East and West in Zakia Khairhoum's the End of My Dangerous Secret

Literature is an arena for cross-cultural representation par excellence. It is in the literature that images produce an awareness of the Self and Other, and of the Here and the Elsewhere, however small that awareness maybe. The accounts of many canonical literary figures in the history of literature featured portrayals and descriptions of radically different people and customs, exotic lands, and far-off places where everything is outlandish and anomalous. Literary representation, therefore, plays a pivotal role in shaping perception, creating historical and textual monoliths, stereotypes, and essentialization about ethnic minorities, race, sexuality, and gender. This article investigates the politics of representation of the Self and the Other in Zakia Khairhoum’s novel The End of My Dangerous Secret (Nihayat Sirri L’khatir, 2008) from a postcolonial feminist’s point of view. I argue that Khairhoum does not only shatter the foundations of patriarchy in the Arab world but also undermines and subverts Western colonial discourse and its claim of supremacy. The novel foregrounds a different pattern of representation that has not yet been sufficiently investigated, which is the denigration of both the Self and the Other and the quest for a third cultural reality that is defined in terms of gender equality, justice, human rights and democracy.

Failing to Plan Is Planning to Fail: Utilization of Advance Care Directives in Older Adults Living With HIV

Advance Care Planning (ACP) makes up an integral part of the care continuum, especially for those living with chronic conditions such as HIV. Little research exists to understand how intersections of race, gender, sexuality and gender identity combine to influence the choices made by older adults living with HIV regarding ACP. The Research on Older Adults with HIV (ROAH) 2 study collected data from across the US and investigated the incidence and range of ACP amongst those 50+ living with HIV. Correlational analysis indicated that being White was significantly related to having at least one directive (R=0.070, p=0.035) where being African American correlated negatively with several forms of ACP. Additionally, there were also significant relationships between being Transgender, being gay, and being a woman as to the engagement with ACP options. Further analysis explored the impact of finance, self-rated health and social support networks.

Challenging Hegemonic Gender Norms in Emma Donoghue’s “The Tale of the Rose” and Disney’s Beauty and the Beast

While heteronormativity remained at the core of the classic fairy tale, a queer subtext existed in the form of subtle symbolic codes. By reflecting the changing socio- cultural discourses about sexuality and gender in time, the representation of queer sexuality in fairy tales has also developed. This paper attempts a queer reading of the revisioning of Madame Beaumont’s “Beauty and the Beast” in Emma Donoghue’s “The Tale of the Rose” and the 2017 Disney version. This paper demonstrates how Emma Donoghue’s adaptation deconstructs the heteronormativity of Beaumont’s tale by dismantling the binaries of Beauty/Beast and man/woman and represents queer sexuality and desire through multi-layered language. This paper also examines how in the Disney version the story takes a new dimension in close proximity to twenty-first century media culture and lends itself to queer interpretation.