Reply to Martha Nussbaum and Ian Hacking

Abstract

The author responds to Nussbaum’s (21(3) Law & Phil. 317-334) and Hacking’s (id. at 335-347) discussions of his book, The Mismeasure of Desire: The Science, Theory, and Ethics of Sexual Orientation (1999). Among other points, he addresses whether sexual orientations are natural human kinds, clarifying his position that there is no connection between that question and the legal and ethical issues about homosexuality. In addition, he assesses Nussbaum’s proposal for a sophisticated version of the “born that way” argument and sets forth some better possible arguments for gay and lesbian rights, suggesting a fusion of privacy and equality-based arguments.