Document Type
Article
Publication Date
January 2011
Disciplines
Labor and Employment Law | Law | Sexuality and the Law
Abstract
This Article examines, from a theoretical standpoint, the possibility of expanding the definition of "sexual orientation" in employment discrimination statutes to include other disfavored sexual preferences, specifically polyamory. First, it examines the current, very narrow definition of sexual orientation, which is limited to orientations that are based on the sex of those to whom one is attracted, and explores some of the conceptual and functional problems with the currentdefinition. 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 such an expansion would be reasonable, the Article briefly outlines some issues for further investigation, including potential policy implications and the conflicting evidence as to whether polyamorists want specific legal protections.
Publication Title
79 University of Cincinatti Law Review 1461
Recommended Citation
Ann E. Tweedy, Polyamory as a Sexual Orientation, 79 U. Cin. L. Rev. 1461 (2011) (excerpted in Rubenstein et al., Cases and Materials on Sexual Orientation and the Law (5th ed. 2014))