The “choice v. biology determination of sexuality” debate and its impact on civil rights

Elizabeth Wood on the “biology vs. choice” debate regarding sexuality:

Intellectually, or scientifically, what factors shape a person’s sexuality is an interesting question. But in terms of the law it ought to be irrelevent. Discrimination against people based on the kinds of sex they have, or the genders of their partners ought to be illegal. Period. End of sentence.

It feels like another instance of where those in favor of sexual and reproductive freedom have ceded the framing of the debate to those who would like to lock sexuality down. Only this time the word “choice” has been adopted by the other side.

Conservatives focus a lot on their claim that sexual orientation is not an orientation at all but is rather a “chosen lifestyle” because they are fond of punishing people for what they see as “bad” or “immoral” choices. By that logic, they feel justified denying marriage to same sex couples because they should have ‘chosen’ differently.

That’s ridiculous. Even if sexuality is to some degree chosen — and I would argue that all kinds of sexual expression is chosen, and much is shaped by culture, even though some is likely influenced by biology — I should still be allowed to marry who I want, as long as that person is legally able to consent to the marriage. I should not be discriminated against at work or in housing matters or health care because of the partners I choose.

Why should sexual choices (between people capable of consent) be seen as somehow different from other choices we are freely able to make? Sexuality is complex and there are lots of desires that we choose to act on and explore and others we choose never to explore….

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We should not allow a “biology v. choice” framing of the rights debate to continue. If we do, we will likely find ourselves backed into a very unpleasant corner. We will be forced to argue that we are helpless over our sexuality, and then will be faced with the very frightening prospect of arguing in favor of a medical definition of sexual orientation — which can then be used against us when people decide to start looking for “cures.” For make no mistake about it: if they think they can “cure” us by counseling us into making different choices, they will be no less likely to try to “cure” us of a sexual orientation that they can frame as a disease. If there is a “gay gene” we should be very wary of what happens if it’s found. It will then be possible for genetic testing to “discover” the sexual orientation of a child and gene therapy may be used to “fix” that child. We’ve been there before in less technologically sophisticated ways. Sexual orientation was only declassified as a disease in the 1970s!

Choice v. Biology is no way to have a debate about rights. When we fought for civil rights we didn’t ask what causes race (though we certainly have debated what defines race). We shouldn’t be arguing about what causes sexual orientation. Its an interesting scientific question, and probably has a very complex answer that combines biological and social factors, and I’d be very curious to know more about it. But it has no place in the politics of anti-discrimination policy.

Ultimately sexuality is a blend of biological, cultural, and individual factors. Rights, on the other hand, are determined through the political process, and sexual freedom and civil rights should not depend on whether we are born with a sexual orientation or choose how to express our sexual selves. Sexual freedom and civil rights should be granted to all. Period.