Ruth Colker


In his book, Sex and Reason, Judge Richard Posner argues that law and society should treat sexuality as a "morally indifferent subject." Society should regard sexual preferences as having no greater moral significance than preferences for food. Although many gay rights proponents disagree with Posner's specific application of this principle, no one seems to disagree with his attempt to separate law and morality. That "morally indifferent" perspective which is advanced by Posner, as well as by many proponents of gay rights, will be the subject of this essay. I will argue, by contrast, that we should develop a morally significant perspective on gay rights which I call an "embodied bisexual perspective." In Part I, I will develop an embodied bisexual perspective and, in Part II, I will apply that perspective to sodomy laws, marriage and adoption, and employment in the military.