Sexuality

One very fundamental element of human beings is human sexuality. Human sexuality though common to all people becomes problematic when human beings are aware of the different components of sexuality. It suddenly becomes about individual sexual preferences and orientations and these emerging differences only breed controversies. This occurs despite the fact that as human beings we are keen to appreciate the overall genetic diversity of sexuality. Bancroft (20095) acknowledges that human sexuality is indeed quite diverse and coupled with social, cultural and legal considerations its discourse has proven to be quite complex. This paper seeks to unravel this complexity and address human sexuality as a form of diversity. In essence, the discussion revolves around social and legal constructions of sexuality and emphasis is placed on advancing social unity and embracing diversity of human sexuality.

Sexuality was first regarded as a concept of human nature in the nineteenth century to define normality and its limits. This aspect arose after the conceptualization of human rights and the recognition that all human beings were born free and had equal rights and dignity. In this regard, sexuality was used to define what was considered as normal and those who sought to go beyond these boundaries were considered psychopathic. This ideology brought great controversy over the credibility of regarding homosexuality and lesbianism as abnormal. The inception of Sigmund Freuds and sexology theories in the twentieth century altered the view of this concept where sex was organized as a fictitious unity of disparate functions and feelings with no necessary relation among them. The notion of the concept then varies to describe what is natural as a social construct (Nelson, 2006, p.15). Sigmund Freud argued that these forms of sexuality defined as abnormal were so due to the societys discontent as emerging sexuality alternatives were going beyond the organized norms and functions of heterosexuality. Furthermore, Freuds relation of human sexuality to personality development paved way for the understanding of how homosexuals and lesbians possessed those specific personalities and what led to their choice of orientation.

In todays society, sexuality debates have been focused at sexual orientations and whether they are acceptable in the society. In understanding the extent in which sexual diversity has led to controversies it is vital to apply various theoretical frameworks. Such models like symbolic interactionism, queer theory and conflict theories will enhance the understanding of homosexuality and gay rights controversies. Furthermore, other aspects to be addressed include social constructions of sexuality which include social exclusion of gay people and the hegemonic compulsory heterosexuality. In a bid to encourage diversity and fight negative social constructions of sexuality, legal frameworks have been set up even though they are also tainted with controversies. However, this proves to be a stepping stone towards stemming out social exclusion. Ideally, it is upon individuals to transform the society and encourage the shift from discrimination to acceptance and empathy for all human beings.

Sexuality refers to the way people experience and express themselves as sexual beings. The concept of sexuality encompasses an array of social activities, behaviors, actions and societal topics. These aspects are rooted in the definition of the meanings of gender which is constructed by the notion of different sexes. In this regard, it emerges as the characteristic which identifies individuals as being male or female. Sexuality, from the biological perspective entails all forms of sexual contact as well as medical concerns of the psychological and physiological aspects. From this mindset, sexual orientation takes root in understanding the relationships human beings form as they advance their sexual interactions. Sexual orientation encompasses emotional and sexual attractions directed to all genders, men or women. Perrin (2002116) also asserts that sexual orientation is also characteristic of forms of social and personal identity as individuals choose to express themselves differently.

Diversity of sexuality emerges in morality, ethics and theological discourse where sexuality is defined and analyzed with respect to the principles of these fields. Furthermore as highlighted by Nelson (200613) cultural and social constructs also present an array of diverse understandings on sexuality.
There are several legislative provisions that address sexuality in all parts of the world. The UK Law on Equality and Discrimination covers the relevant issues on sexuality under it. The law has precise legislation on equality which prohibits discrimination and provides a mechanism for persons to lodge complaints with the courts in cases where they experience any kind of discrimination. This discrimination draws its focus on race, beliefs and religion, sex, sexual orientation and status on transgender, age and disability. Reed (2006) also points out that discrimination against aforementioned cuts across, education, employment, the provision of goods and services, and housing. These are well covered under The Human Rights Act of 1998 which incorporates rights contained in the European Convention of Human Rights. The Human Rights Act is enforceable directly against public bodies such as the police or local authorities and private bodies that exercise public functions. Courts and tribunals are by definition public offices hence need to interpret and apply legislation compatible with the Convention even in matters accruing in parties to a dispute, that  are not public bodies.

The fourteenth article of the Convention prohibits discrimination on grounds of sex, religion, race, political affiliations and any other status which in content covers status on financial employment, sexuality, and physical and mental ability of individuals. The article specifies that it prohibits discrimination in respect of access to other Conventional rights and intends to guarantee equality before the law of the Convention. In addition, the article has to be utilized in combination with other articles of the Convention to form a strong base of reasonable solution.

The UK Gay Law highlights the age of consent for heterosexuals, lesbians and gay men as sixteen male rape has been criminalized altering previous law where it was not recognized as an offense. It also addresses the employment rights where all workers are protected from discrimination on the grounds of sexual orientation and direct abuse by colleagues as well as general homophobic comments. It is through this legislation that diversity of sexual orientation is safeguarded. Even in the midst of a society which is still reluctant to accept this diversity it seems to be the way forward.

Transgender workers are protected from discrimination at their workplaces by the Sex Discrimination (Gender Reassignment) Regulations of 1999. As pertains to Tax Consequences of Civil Partnerships, the Civil Partnerships Act of 2004 provides civil partners the same rights and responsibilities as accorded to married couples. The Law further makes provisions for same sex couples as they are allowed to adopt children contrary to previous laws which created barriers for them to do so.

Symbolic Interaction
This is a major framework of the sociological theory which plays a major role in encouraging the diversity of human sexuality. It considers the function of an immediate social interaction as the basic place for the existence of society. Symbolic interaction, a micro-sociological concept, analyzes by addressing the subjective contents that people impose on objects, behaviors and events. In addressing subjective aspects of social life, symbolic interactionism looks at individual behaviors and actions and from the meanings of the derived symbols symbolic interactionists are able to understand the creation of those individual behaviors. It therefore interprets the social order as being constantly negotiated and created through the interpretations that people give to their behavior. Ideally, there is an established continued renegotiation process of social actions and as Hird (2002586) argues there is bound to be an emergence of different identities which compel the likelihood of conflicts. Individual identities are not inborn but are instead created.

The ethical and theological debate over the homosexuality issue arose in 1993 with the possible discovery of genetic disposition to male homosexuality. Results of a genetic research showed that the gay gene is inherited maternally as the X- chromosome contains a gene which influences sexual orientation. Ethically, should the biological basis be confirmed, the implications would point to a number of directions. The central question would be owing to the fact that one is disposed towards homosexuality genetically would they be innocent or guilty From a biological perception, a homosexual individual would declare innocence as a result of inheriting the gay gene.

On one hand, interactionist theorists may choose to accept homosexuality arguing that it is just another consequence of the social process. On the other hand, the gay gene would be identified as a carnal disposition of sin. The inheritance of the gay gene would be equated to other innate dispositions such as lust and greed that are also inherited. An individual is endowed with a sound mind to make sound decisions, a persons body belongs to who they are therefore one is left to make the ultimate decision. As such homosexuals with this inherited gene are given the responsibility of choosing their place in the social process as they react to the societys views on their sexual orientation.

Theories on Sexuality
The Queer Theory
Queer theory is a component of the field of critical theory where theorists focus on analyzing ideas on sexuality. Gender and sexuality is distinctly categorized by social constructivists who argue that these concepts are created through social discourse and that they have no natural identity. Social constructivists argue that gay individuals should not be taken to have objective reality and that they can only be addressed in reference to their social context. Queer theorists aim to deconstruct these ideologies and argue that sexuality is not fixed to particular perspectives and identities but it is subject to change. Furthermore, they acknowledge that individuals possess many identities and that both men and women can remain as such despite their sexual orientation.

Associated with radical gay politics, this theory was originally embraced by individuals and groups of people who acknowledge queer as their identity or rather a concept of non conformity. Queer theorists appreciate sexual diversity in their respect for the place of the individual in establishing their sexual identities. As asserted by Seidman (1996195), even though the society plays a part in this construction of identity, the individual is still of great importance. It further establishes the notion of society playing a significant role in forcing sexual boundaries and dichotomies on people rather than heterosexuality and homosexuality attractions being left entirely to the field of biology. This theory has been developed largely through new studies on transgender, cross dressing, bisexuality, gay and lesbian experiences which were previously in the realm of social deviance. The theory challenges the thought of describing individuals as gay or straight as well as the assumption of only one form of sexuality existing as normal and all others as deviant. In addition, the theory links the study of sexuality to that of gender and subsequently shows how violating the categories of fixed gender would reconstruct the possibility of how people construct their gender and social identities (Anderson  Taylor, 2002). Through violating these constructs, individuals are liberated from the social constrictions that presumably create fixed identities of these categories.

The Conflict Theory
The conflict theory highlights the role of coercion and, power, which is the ability of individual(s) to exercise authority over others in an effort to produce a social order. Cohesion in society promotes functionalism while the conflict theory emphasizes discord and friction. This theory is derived from Karl Marxs work where society is pictured as fragmented into groups that compete for available social and economic resources. The social order is maintained by domination other than consensus with power retained in the hands of those with the greatest political, social and economic resources. Conflict theorists believe that people draw on consensus in circumstances where common interests are the main focus of their interactions. As such, they tend to attack and criticize each other when they do not share common interests.

From the conflict perspective, inequality despite being unfair still exists in our society because those who hold the power to the basic resources control a disproportionate share so as to secure their advantages. This control takes the shape of coercion and social control, non-conformity to shared values and the binding of people to society. Individuals and groups struggle for the control of resources as a result of advancing their personally vested interests. Those with this power exercise control over those without resulting in inequality. Hughes, Kroehler and Zanden (2005) explain that Marxism conceptualizes that controversies on sexuality are merely a reflection of who holds the most power. Homosexual individuals are incredibly less compared to heterosexuals and in this sense, heterosexuals consider themselves to be powerful and in a position to press homosexuals for conformity to social standards. In their failure to conform to shared values, they fail to appreciate the existing similarities in human beings. Instead of acknowledging that homosexuals are also human beings with feelings, lives and opinions, they alienate them due to the difference in sexual orientation. This case can be illustrated in the many gay bashing and hating incidences which are rampant in the society.

Social Constructions of Sexuality
Compulsory Heterosexuality
Compulsory heterosexuality is a social construct which implicitly emerged from the theorization that there can only be male and female sexual relations. This explains the assumption that women and men are inherently connected and attracted to each other both emotionally and sexually. Following this, individuals with other sexual orientations are forced to conform to heterosexuality so as to avoid social conflicts. Eyre (1993273) illustrates a case where university students with other sexual orientations are forced to publicly acknowledge that they are heterosexual in order to avoid the never ending controversial debates on homosexuality and lesbianism.

The dominance of heterosexuality has led to the development of inequality between heterosexuals and non- heterosexuals, and between men and women, permeated by power with far reaching consequences. Under such a regime, men control women in all aspects, that is, in access to education, physical movement, labor amongst others. The non- conformity to societys rules and regulations expose one to punishments. The main critique of this concept is the fact that it does not embrace the provisions of nature and innateness and instead encourages the use of discriminative approaches and opportunistic individual interests as indicated by Rich (1984). However, dominant heterosexuality can only be subsided if non-heterosexuals emerge as dominant as illustrated by Caudwell (200235) where overt and deliberate lesbian visibility has been seen to transform dominant heterosexuality in female football teams.

Hegemonic Sexuality
The concept of hegemony tends to address the relations of power and ideology. The domination includes those taken for granted and the commonsense of the situation. Its difference from compulsory heterosexuality lies in the fact that it does not incorporate coercion or brutal enforcement. It is about the ways through which the ruling class establishes and maintains its dominance. It involves persuading a greater part of the population through the media, or other organizational social institutions in ways that appear natural or normal (Rich, 1984). For instance, the media instrumentally broadcasts controversial debates on homosexuality where gay rights are dismissed by religious organizations who consider them as immoral. In reference to male masculinity, media content more often than not portrays the male gender as powerful and dominating. Dominant masculinity encourages the suppression of womens rights and inequality.

The concept can be narrowed to the application on male masculinity. It essentially describes the role of persons in patriarchal gendered social processes and considers the social construction of the mens practices and boys bodies (Rich, 1984). This refers to the physical sense of maleness which exists in all males and that which fosters their desires to partake in social interactions which involve physical strength and the occupying of space. For young boys, they are often actively engaged in physical activities such as sports for most of their school years while adult males consider their physical abilities important in their work, fatherhood and their sexuality. Connell (20006) asserts that this physical capability greatly characterizes male dominance in the society and depicts the hegemonic notion of power and ideology. Indeed, masculinity becomes prominent in social life when physical strength is highly valued in carrying out different tasks and even becomes a condition for acquiring specific jobs such as wrestling, and construction jobs. Ideally, the concept of masculinity has to an extent provided an understanding of hegemonic sexuality but the lack of ample empirical research has heightened the concepts criticism.

Heterosexuality
Heterosexuality in its entirety is fabricated with gender performance. Femininity and masculinity override the input of culture in this concept. The application of this concept has been resilient to the revolution of sexuality in general as it clearly distinguishes the role to be played by different genders. The male however tend to control a large percentage of power options available (Rich, 1984). This characteristic is observed in heterosexual relationships where males are perceived as the dominant gender. In general all societies have designated gender roles which recognize males as dominant. They are seen as heads of families, providers and protectors of others including their female partners. As such, majority of heterosexual relations are founded on this basis with females perceived as submissive in the relationship. Therefore, heterosexual as a social construct has also created inequality dimensions which do not appreciate diversity. Male dominance is very rampant in todays society considering that males are leaders in almost all sectors from the government, education, health and sports among others. For instance, government leaders hold so much power and authority and are expected to showcase the same in their social relations. It thus becomes discordant for women in the society to equally relate with their male counterparts due to the existing societal expectations of them.

Understanding Social Construction of Sexualities
Social construction is a multi-faceted approach. It can be described through historicism which entails historical investigations on sexuality that involves a particular set of concerns, and the allocating of an overarching term to them as result of their uses. Moral currents of the nineteenth century sexology demand the delineation of sexes and ambiguities explained in ways that were previously not required. At the same time, sexual predictions were catalogued frequently which invoked sexual personages other than the mere prescription of social acts. In addition, the historicist literature adopts, modifies and contests that the increasingly influential fields of medicine and psychiatry consolidated the idea of homosexual personage with a case history, and a possible mysterious physiology (Metcalfe  Humphries, 1985).This approach is essentially useful in the current social arrangements of sexuality in their longer reaching developmental context.

The other is symbolic interaction, comprehensively covered in the preceding literature. From the above information, social construction is gathered as based upon the consideration that social reality is created through the process of daily, practical deliberation. Social construction is usually distinguished from essentialism, the certainty that there is a fixed essence to individuals and groups. Among the core tenets of the perspective is the conceptualization that social reality is created as it is lived. (Metcalfe  Humphries, 1985) indicates that facts are themselves creations of those who provide accounts of them. As such sexual diversity can only be accepted in a society which chooses to do so, that is, individuals are keen to respect and treat people with different sexual orientations equally.
Social constructs can have negative impacts especially in their capacity to encourage social divides and inequalities. Such social constructs of sexuality like compulsory heterosexuality are responsible for the stigmatization and consequent social exclusion of gay people. As the society continues to perceive heterosexuality as the appropriate and normal sexual orientation, gay people become considerably alienated and treated as social outcasts.

The Civil Partnership Rights Age Consent for Homosexuals Equality Bill- A Case of the United Kingdom
The United Kingdom in 1994 was going to discuss an amendment to the Criminal Justice Bill so as to lower the age of consent for male homosexuals, heterosexuals and lesbians as well as remove sexual discrimination against gay men. The arguments given were that the law needed to provide an equal age for all sexual acts and a repeal of the offense of gross indecency that applied to gay men. The population of gay men by 1994 had clocked to120000, those who participated in the Pride Festival further giving reason for visibility. Several company policies had also embraced sexual orientation and gay and lesbian police officers were increasingly open about their sexuality. The visibility notion would help neutralize bigotry and overcome discrimination and as indicated by (Lewis, 1996) it was because gay persons were being treated as criminals.

This case highlights just a part of numerous legal debates on Homosexuality. Legislators argued that there is concern in lowering the age of consent for homosexuals. Such concerns included risks to sexual diseases and increased sexual offense crimes. However, it still emerged that the main opponents of this change stemmed from religious backgrounds which believed that these sexual acts are sinful, not sanctified by marriage, and did not result in procreation which made them unnatural. Hull (2006153) emphasizes that the society should move from these theorizations and embraces the value of life and love regardless of sexual orientation beliefs.

In a study carried out in Trenchard and Warren (1984) on a group of young gays and lesbians it was evident that these individuals as a minority group encounter many negative experiences as a result of social exclusion. After examining how these young people interacted with others at school it was observed that they experienced great difficulties especially because other people are not willing to associate with them because of their sexual orientation. Unfortunately Trenchard and Warren (198492) also showcased that these young people resulted to suicide as a result of lowered self esteem, maladaptive coping and alienation. In order to understand well the reasons for this, it is viable to ascertain the stressors faced by young people when constructing their identities. Young people as observed by Douglas (2006 17) maintain high levels of confidentiality and it takes probing to have them disclose such information on their sexuality. Consequently, they are likely to remain secretive and unable to share their experiences which only heighten their isolation as they tend to avoid other people in case they discover their sexuality. Furthermore, young people are easily influenced and they are likely to stigmatize their gay counterparts if they deem their sexual orientation as inappropriate.

In conclusion, it is evident from the above discussion that human sexuality is indeed diverse and that society should strive to embrace this diversity. Defined as the way people experience and express themselves as sexual beings, sexuality has also been observed to form a basis for personal and social identity. Even though it is important to embrace the diversity of sexuality it is also equally important to acknowledge the diversity of opinions and perceptions on sexuality. This form of diversity has been illustrated in the discussion of the concepts of queer theory, social conflict theory and symbolic interactionism. These theories showcase an understanding of how individuals and society perceives sexuality and more so aid in understanding the discrimination against individuals of non-heterosexual orientations. Queer theorists argue for the acceptance of homosexuality as a form of personal identity and not a social construct while Marxism tends to depict that homosexuality controversies are a consequence of the societys failure to accept the rights of the minority.

On the other hand, social constructions of sexuality such as compulsory heterosexuality, hegemonic heterosexuality and heterosexuality are useful instruments in widening the equality divide in the society. These constructs which have evolved over time are detrimental to the diversity of sexuality. However, this fight is not yet lost as legislation has made major developments in altering the negative social attitudes on homosexuality. Legislations which allow gay marriages and adoption of children by gay couples showcase the significance of accepting people for who they are and not for what they might represent. This philosophy calls for empathy and the recognition that the society must appreciate diversity at the same time as it appreciates social unity.

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