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Tweedy on Polyamory & Sexual Orientation Discrimination

By Lawrence Solum

Ann E. Tweedy (California Western School of Law) has posted Polyamory as a Sexual Orientation on SSRN. Here is the abstract:

This article examines the possibility of expanding the definition of ?sexual orientation? in employment discrimination statutes to include other disfavored sexual preferences, specifically polyamory. It first looks at the fact that the current definition of ?sexual orientation? is very narrow, being limited to orientations based on the sex of those to whom one is attracted, and explores some of the conceptual and functional problems with the current definition. Next the article looks at the possibility of adding polyamory to current statutory definitions of sexual orientation, examining whether polyamory is a sufficiently embedded identity to be considered a sexual orientation and the degree of discrimination that polyamorists face. After concluding that expanding current statutory definitions of sexual orientation to include polyamory would be reasonable, the article looks at some of the complications to making such a move, including potential policy implications and the conflicting evidence as to whether polys want specific legal protections.

Full post as published by Legal Theory Blog on July 01, 2010 (boomark / email).