The purpose ofthis essay is to critically assess Kymlicka’s efforts to increase hiscultural theory of cluster rights to lesbians and gays, togetherwith the place he assigns them in his cluster rights hierarchy. Notall minority social teams square measure entitled to asimilar forms of rights. Aboriginal peoples andQuébécois be the foremost in depth theme ofrights as a result of they represent “societal cultures,”providing their members with afull vary oflife choices across each public and personal spheres. Philosophicalsystem minorities and gays and lesbians square measure entitledto a less important theme of rights.
These minoritysocial teams square measure eligibleto receive group-specific measures that shield them fromdiscrimination, whereas serving to them integrateinto thought society.But 3 important difficultieschallenge the coherence of Kymlicka’s freedoms frameworkand question its utility to homosexuals. First, a great number ofthe principles that Kymlicka employs to justify his cluster rightshierarchy appear to undermine, instead of support, its structure.The association he attracts between cluster membership andprivateidentity, specifically, looks tosubvert his decide to distinguish Aboriginal peoples and Québécoisfrom lesbians and gays for the needs of his supposition.
Second, the liberalidentity politics during which Kymlicka engages seriously constrainsthe political and legal agendas of lesbiansand gays by ignoring their strugles to provoke theheterosexual values of the dominant community. His integrationist perspective doesn’t address the relationsof power that gays and lesbians competition, examine theincorporated values against that sexual minorities square measure measured, or acknowledgetheir need to reform the establishments, practices, and culturalcodes of the dominant society. Third, and as recent Canadian case lawillustrates, the shape of identity politics that Kymlicka embraces,informed, as it is, by the principle of immutableness, reifies theboundaries of cluster membershipand contributes to the social process ofnon-conforming cluster members. As a sortof legal methodology, liberal identity politicsnot solely pays scant attention to the ways that duringwhich gay and lesbian variations squaremeasure made by the dominant, heterosexualcommunity however fails to attend to internal variations.Instead, gays and lesbians square measure conferred asa unvaried sexual minority, sure along by a set,shared, and essential personal characteristic.
consequently, insteadof centering on however thedevelopment of internal distinction ends upin discrimination, legal analyses lapse into efforts to specify thesubstantive content of the group’s shared identity, vesting group insiderswith the grouping authority to exclude non-conforming Others.