Posted: July 8th, 2015

The Law and Queer Theory

The Law and Queer Theory

Theorist Janet Halley (2000) suggests that “… identity is not the core truth and safe zone of authenticity and authority posited by our most widely shared assumptions about identify politics; instead it suggests that identity may be part of the problem”.
Discuss the merits of this proposition; engaging with key themes of queer theory with reference to at least two lesbian, gay, bisexual or transgender (LGBT) related cases (can be from any jurisdiction).
The essay must be argumentative, have a clear thesis with supporting arguments/evidence, be clearly written and straight to the point . In your answer please focus on legal issues, arguments and strategies. Discuss whether sexual identity is or needs to be an essential element involving the law. Discuss the legal strategies for establishing a homosexual identity to receive protection and equal rights under the law. Consider in which spheres do identity based rights claims have legitimacy and in which spheres are they subject to regulatory norms? Please critically analyse two lesbian, gay, bisexual or transgender (LGBT) related case law in your answer.