THE INTERSECTION OF JURISPRUDENCE AND LGBTQ RESEARCH: AN ANALYSIS OF ‘OTHERIZATION’ AND THE ‘INSIDE-OUTSIDE’ PARADIGM
AUTHOR – AKSHAT KANSAL, STUDENT AT SYMBIOSIS LAW SCHOOL, PUNE
Best Citation – AKSHAT KANSAL, THE INTERSECTION OF JURISPRUDENCE AND LGBTQ RESEARCH: AN ANALYSIS OF ‘OTHERIZATION’ AND THE ‘INSIDE-OUTSIDE’ PARADIGM, ILE LAW AND JURISPRUDENCE (ILE LJ), 1 (1) of 2023, Pg. 16-21, APIS – 3920 – 0044 | ISBN – 978-81-964391-3-2.
introduction
To begin with it is necessary to understand what is LGBTQ. Lesbian, gay, bisexual, transgender, and queer/questioning are together known as LGBTQ. It is a phrase that is used to describe a wide range of people whose sexual orientation or gender identification deviates from the heterosexual and cisgender social norms. Gay refers to males who are attracted to other men, whereas lesbian refers to women who are emotionally, romantically, or sexually attracted to other women. Both men and women are attractive to bisexuals, and transgender persons have a different gender identification from the sex that was given to them at birth. Those who identify as non-heterosexual and/or non-cisgender or who are unsure of their sexual orientation or gender identity are referred to as queer or questioning.
The legal recognition and protection of LGBTQ+ rights have made tremendous strides in recent years. Yet, LGBTQ+ people still have a lot of difficulties in their life, such as marginalisation, harassment, and discrimination. These issues are frequently caused by the inside/outside and otherization theories of law, which see the LGBTQ+ group as distinct or “other” and uphold a distinct line between those who are a part of the community from those who are not.
This paper aims to provide a critical analysis of the LGBTQ+ community’s treatment as “the other” and the inside/outside legal theory. The study seeks to provide light on the ways in which otherization and inside/outside theory have been employed to perpetuate discrimination and marginalisation of LGBTQ+ people through an analysis of legal and policy frameworks, case law, and societal attitudes. The study also aims to investigate how this otherization affects LGBTQ+ people’s quality of life, mental and physical health, and wellbeing.
The paper will first provide a brief overview of the otherization and inside/outside theory of jurisprudence and its historical and cultural roots. It will then examine specific legal and policy frameworks that perpetuate otherization and inside/outside theory, including those related to marriage equality, gender identity recognition, and anti-discrimination laws. The paper will also analyze case law that has perpetuated otherization and inside/outside theory and discuss the impact of this otherization on LGBTQ+ individuals’ mental and physical health.The study ultimately wants to contribute to continuing initiatives to support the recognition and protection of LGBTQ+ rights and to fight the otherization and inside/outside paradigm of jurisprudence that upholds prejudice and marginalisation.