Sex and the Law My research topic is the various ways that sex and sexuality is regulated by the law. I want to explore this concept because from the beginning of the class, there was a constant theme in terms of love, sex, and romance with the laws of the land. Rubin’s article elaborates on the “charmed circle” of what is considered accepted and unacceptable forms of sexuality. She also explains how the main method of reinforcing this is through the law. So, I want to explore what is within the “charmed circle” as it pertains to the legalization of certain forms of sexuality and love. For my research paper, I will analyze different countries within the world to see what they have considered illegal and legal forms of love. I know that many countries in the west have legalized gay marriage while many countries in Asia still have it outlawed. But there are also different ways that society determines how romance is being regulated with sex worker laws in certain states. Not only that, these regulations go into much more nuanced methods where marriage laws work in favor of a certain gender, thus shifting the performance of love in that state. So, I will be looking at this perspective from an international point of view where I analyze a couple of prominent countries whose views on legal and illegal forms of love vary greatly for better comparison. Then I will go on a case by case basis to show how certain countries criminalize certain forms of love and romance. By listing out the countries that have banned certain forms of sexuality, then commonalities can be drawn upon these countries to see why it is these forms of love are banned. By doing so, I hope to find the “universal” basis on why it is that people are prejudice against forms of love that they do not understand. Next, I will analyze the reasoning behind the criminality of these acts. I know that Rubin explained that homosexuality was considered “not normal” in the United States to justify the passage of sodomy laws that criminalized them. I want to know what other factors determine whether or not something is considered accepted or unaccepted within that society. For example, gay marriage is considered illegal in certain countries in the middle east for religious reasons while those same countries can have much more liberal views on polygamy as an accepted form of love. Hopefully by comparing the various reasons for the criminality of certain modes of love and sexuality, my paper can debunk these negative reasons so that it can help support the acceptance of all forms of love and relationships. I want to analyze the problems of these state in adopting certain methods of love so that it can be easier to argue against these reasons. For example, I know that the United States only legalized gay marriage because they used the argument of human rights to give homosexual marriages equality with heterosexual marriages. Hopefully by understanding the underlying reasons for the criminalization of certain acts, it can be easier to use stronger arguments to support their acceptance like in the case of homosexual marriage in the United States. Annotated Bibliography Rubin, G. “Thinking Sex: Notes for a Radical Theory of the Politics of Sexuality,” in Pleasure and Danger: Exploring Female Sexuality, edited by Carole S. Vance (Boston: Routledge and Kegan Paul, 1984), 267-331 Rubin’s article is the initial reason why I decided to take this research topic. It explores the accepted and unaccepted forms of love that is determined by society through law. Not only does it lay the foundation for my own paper, but it also gives useful examples of sodomoy laws and other criminalized forms of love. Vance, C. “Social Construction Theory: Problems in the History of Sexuality.” Pp. 13-34 in Which Homosexuality? Ed. By Dennis Altman et al. Amsterdam: Dekker-Schorer. 1989. Vance’s article discusses the social construction theory and how it forms acceptable practices of love. I think that it is useful to show how certain criminal behavior is determined by society with no real scientific basis. Davis, A. “Racism, Birth Control and Reproductive Rights” in Women, Race, and Class. New York: Random House, 1983 pp. 117-127 Davis’ article discusses the women’s movement and the fight for reproductive rights as being part of their fight for independence. I think this is a good article to show the journey women had to take so that they can be taken seriously on the political stage from the beginning of how marital rape was considered legal. Bernstein, E. “Buying and Selling the ‘Girlfriend Experience’: The Social and Subjective Contours of Market Intimacy.” Pp. 186-203 in Love and Globalization: Transformations of Intimacy in the Contemporary World, eds. Mark Padilla, Richard Parker, et. al. Vanderbilt University Press. Bernstein’s article discusses sex work within the modern globalized world. This is useful to show the personal ways that sex workers provide a useful service within their communities and how this has been stigmatized by society. Yi Wei. “Towards the Full Promise of Liberty: A Comparative Approach to the Decriminalization of Male Homosexual Sex in Singapore.” Asian-Pacific Law & Policy Journal, vol. 20, no. 1, Dec. 2018, pp. 50–95. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=134593689&site=ehost-live. Yi’s article explores homosexuality within Singapore as being criminalized by the state. Not only that but it also gives the possible ways that the legal system can change based on its own constitution. This is useful for finding ways to decriminalized certain forms of love in a country that views them outside the charmed circle. ARMSTRONG, LYNZI. “Decriminalisation and the Rights of Migrant Sex Workers in Aotearoa/New Zealand: Making a Case for Change.” Women’s Studies Journal, vol. 31, no. 2, Dec. 2017, pp. 69–76. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=127189418&site=ehost-live. Armstrong’s article talks about New Zealand’s the Prostitution Reform Act (PRA) as it is internationally regarded as an ideal model for prioritizing sex workers' rights and safety. This article is useful because it not only helps protect sex worker’s rights, but also goes against sex trafficking. For my paper, it gives a legal framework on how to decriminalize sex work. Faqir, Fadia. “Intrafamily Femicide in Defence of Honour: The Case of Jordan.” Third World Quarterly, vol. 22, no. 1, Feb. 2001, pp. 65–82. EBSCOhost, doi:10.1080/713701138. Faqir’s article looks at the case of legal honor killings where national laws allow for the killing of women based on their perceived transgressions against the family’s honor. This article analyzes the honor-bound laws in the Middle East that criminalize certain actions by women in society. This will be useful for my paper because it shows how different forms of sex and romance are criminal in certain parts due to tradition. Tripathi, Anushree, and Supriya Yadav. “For the Sake of Honour: But Whose Honour? ‘Honour Crimes’ Against Women.” Asia-Pacific Journal on Human Rights & the Law, vol. 5, no. 2, July 2004, pp. 63–78. EBSCOhost, doi:10.1163/157181504774852050. Similar to Faqir’s article, this also looks at honor crimes against women based on sexual activity outside of marriage and other restrictions placed on women. This is useful because it actually analyzes honor killings across the country throughout the Middle east, Asia, and even the US with varying levels of legality. Faucon, Casey E. “Decriminalizing Polygamy.” Utah Law Review, vol. 2016, no. 5, Sept. 2016, pp. 709–778. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=120269571&site=ehost-live. Faucon’s article discusses the legal battle for polygamy for a family in Utah that argues for polygamy to be legal on the grounds of Free Speech within the country. This will be useful to analyze how some forms of marriage are legal but others are not within the United States and to see how polygamy supporters are combating it within the legal system by using certain arguments about the constitution. Bailey, Martha, and Amy Kaufman. “Should Civil Marriage Be Opened up to Multiple Parties?” Emory Law Journal, vol. 64, no. 6, July 2015, pp. 1747–1766. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=103100392&site=ehost-live. Similar to the article above, Bailey’s article analyzes polygamy in Canada rather than the United States. I want to use this article to see how there are different reasons and legal arguments used between these countries to argue for the legalization of polygamy in their respective countries. 
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