Over the Rainbow: The Dilemmas of a ‘Gay and Lesbian and Democratic’ State

Area Studies and Its Discontents MESAAS Conference, Columbia University, February 22-23, 2018, Working Paper

18 Pages Posted: 10 Jan 2022

See all articles by Matt Malone

Matt Malone

University of Ottawa, Faculty of Law

Date Written: 2018

Abstract

This paper takes inspiration from the emergent concept within queer theory of utopia. Heeding this call, the paper resorts to a paradigm of legal futurism and imagines a gay and lesbian and democratic state. It calls this state Oz. The paper examines how Oz can maintain a commitment to gay and lesbian identity while balancing its promise of democracy. It explores two central themes. First, it contemplates whether it is a viable concept at all to have a state that stands for gay and lesbian identity and democracy at the same time. Second, the paper examines these tensions by looking at Oz's Law of Return. The paper walks through the tensions imminent to the concept of a “gay and lesbian and democratic” state within the law, and argues that the Law of Return embodies these tensions in a way that is typical in a liberal democracy. It suggests that resistance and opposition to this law would be an attempt to de-legitimize the gay and lesbian people’s right of self-determination.

Keywords: gay and lesbian state; gay and lesbian people; queer nationalism

Suggested Citation

Malone, Matt, Over the Rainbow: The Dilemmas of a ‘Gay and Lesbian and Democratic’ State (2018). Area Studies and Its Discontents MESAAS Conference, Columbia University, February 22-23, 2018, Working Paper, Available at SSRN: https://ssrn.com/abstract=3943676 or http://dx.doi.org/10.2139/ssrn.3943676

Matt Malone (Contact Author)

University of Ottawa, Faculty of Law ( email )

Ottawa, ON K1N 6N5
Canada

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