Beyond Immutability: Sexuality and Constitutive Choice

Abstract

AbstractAdvocates for the equality and dignity of LGBT persons often suggest that the immutability of sexual orientation is their strongest argument. I believe that it is a weak one. First, the individual freedom that liberalism accords to people, absent harm to others, as necessary for human flourishing applies to sexuality as well as to other areas of existence. Second, the distinction often made between status and conduct is a false one, and the argument from immutability effectively protects neither. Third, I examine the notion of constitutive choice, arguing that the line between immutability and choice is more complex than many realize. Finally, greater attention to the notion of constitutive choice may broaden liberalism's hospitality to conceptions of the good in ways that better respect human moral agency and autonomy.