Rainbow Family  Gender and queer theories empty meaning of “traditional family”  Rainbow family is the “un-gendered family”  “Ungendered families   Designating the pluri-chromaticity of the multiplicity of choices against the mono- chromaticity of the traditional family

Rainbow family  Family  life together of individuals who wish and want to live together regardless of their gender identity and sexual orientation.  Gender theories welcome ways of understanding the family in a broader way as socio-historical innovation  Family  accidental phenomenon/variable/exaltation of individual’s desires

Rainbow family  Place where “family members” pragmatically share interests and solidarity on the basis of a reciprocal affective bond - ignoring sexual difference - as well as the duration of the relationship.

According to a consistent line of thought civil unions are justified to the extent to which they are based on a solid affection and tend to stabilty both of homo and heterosexual couples, motivated by intention to build and make plans together.

Marriage in gender and post-gender theories Claimed as individual right of expression of the person’s dignity regardless of gender identity and sexual orientation Marriage from a natural nucleus based on the public dimension of the promise and on the principle commitment to duration, open to procreation, becomes a private and contractual relationship between two adults.

Rainbow families also open up a dimension that goes beyond monosexuality. Polymory is exalted against sexual monogamism: presence at the same time of more than one partner at the same time creating open and multiple relations February Thailand

Slippery slope of gender and post-gender theories: every sexual choice becomes equivalent to any other choice, indifferently.

Rainbow family is characterized by exaltation of any sexual preference or tendency (incest, paedophilia,zoophilia)

Gender, Equality and non- discrimination Philosophy of Law – 2016

Gender between equality and non discrimination With reference to both gender identity and sexual orientation the gender and queer claims have in common the appeal to equality and non-discrimination The issue is to understand why a person is equal or unequal; therefore how and why they are treated differently from a legal point of view

Equality  denotes substitutability between two terms  does not match with identity  presupposes diversity i.e. only if two things are different they can be equal otherwise they would be identical Similiarly, inequality does not match with difference, even assuming it: when compared things do not have relevant similiar characteristics.

Equality does not mean to treat everyone in the same way The non-consideration of differences would express the cancellation of the differences that would lead to “in-difference” and homologation This does not pay justice to each category taken into consideration for legal protection/recognition

Femminist theories Some femminist orientations question the principle of equality(in its neutral and abstract meaning) since this risks to introduce the discrimination of sexual diversity Women that once fought to achieve equality compared to men realised that equality hid the discrimination of their different identity

Women are different from men and thus if they are treated like men they are unduely assimilated to them and undergo discrimination Equal dignity/opportunities  intro of similiar/different treatment due to the similiarities and differences of men and women

Modern and post-modern gender theories Such theories claim that the different treatment of transexuals/intersexuals/transgenders/homosexu als is discriminatory In this sense, these individuals call for equality/equalization of rights within the following areas: Free expression of thought Social participation Family sphere

Equality/Law Equality  condition of possibility of law In a structural sense, equality= “Quantifier of universalization”  allows to extend the recognition of rights to all human beings regardless of differences But law must not absolutize equality otherwise would risk ignoring and flattening differences

Law (ontological sense)integrated value of justice= “giving to every man his own”  avoid treating unequal equally  progressively adjusting the law to concrete diversity  equity Ontologically universal law “of principle” cannot neglect existential diversity “of fact”

Unbalance law/justice/equity 1)treating unequal equally 2)unilateral imposition of a difference unjustly considered superior to others Equality is structural principle/objective to a chieve/regulating principle of law/interpretation according demands arising from practice

True: Man and woman must be recognized same rights in same situations (m w juridically subsitutable) But: in certain situations male and female roles are non-substitutable requiring differentiated rights Sexuality consitutes manliness and femaleness permitting their ontological idenitifcation and determining their functions/roles

Law is called upon to protect specificity of sexual diversity in the relational balance (paying attention to distinct nature of two sexes) Affirmation of the principle of equality and claims of right to sexual differentiation demand the jurist’s effort in combining these demands with claims arising from practice keeping in mind original meaning of law

LGBTI claims Claim the annullment of the difference between m/w/i/ts/tg with respect to sexual identity(indifferently m/f/mf/fm/nm/nf) Claim annullment of differences between hetero-homo-bi-sexuals with respect to sexual orientation which can refer to same/different sex individuals

Equality, tolerance & LGBTI claims Equality  equivalence  homogenising equalisation of rights Diff treatment=discriminatory; no justification Tolerance  pragmatic acceptance of every identity sexual orientation; every minority=qualitatively equivalent.

Discrimination LGBTI context Discrimination not confused with distinction Discrimiantion=unequal treatment of diff individuals/groups of individuals putting them in unfavourable position compared to other individuals/grupo of individuals i.e. Racism- can’t treat unequally group of individuals depending on their race On its own differentiated treatment towards individuals by reason of ethnic, sexual, specific diversity not discrimination

Discrimination not confused with distinction Discrimination: unequal treatment towards individuals putting them on unfavourable condition respect to others Racism/specism/sexism discrimination upon the fact that they are treated unequally upon the mere fact of belonging to different species or ethnic group On its own differentiated treatment does not constitute discrimination ; Discrimination when different treatment of same individual respect to other is not justified; Different juridical treatment of man and woman  Maternity leave is justified considering gestation condition.

LGBTI do not recognise their diversity Very fact of being considered different=discriminating Thus claim same rights of heterosexuals and cis-genders All individuals, regardless of their sexual identity or orientation must be treated in the same way excluding the question of justifiability of such claim.

Equality=indifference of differences differences are wekened  become irrelevant in order to accord juridical protection of diversity without producing inequalities

International/national documents Gender identity/sexual orientation (subjective choices) put on same level of age,race,social condition and personal convictions (objective); Difference between subjective choices and objective conditions; can’t assimilate them Discrimination  treat different situations equally