An LGBTQ Ethics of Identification: The Demand for Recognition and Equal Dignity

Abstract While South Africa formally recognises the rights of LGBTQ persons, there is ongoing marginalisation and discrimination of and violence against such individuals. What is at stake here is not simply a matter of the legal recognition of LGBTQ rights, but rather a matter of the recognition of the identities and equal dignity of LGBTQ individuals. Cornell and Murphy suggest that recognition of marginalised identities and equal dignity stem from a demand for the freedom to imagine, rework, and shape one’s own identifications—a freedom which is often not afforded to LGBTQ individuals within South Africa. Drawing on Cornell and Murphy’s notion of multiculturalism and an ethics of identification, this paper posits that despite the formal legal recognition of the rights of LGBTQ groups and individuals, without a rearticulation of the notion of identity, such groups and individuals will continue to live without equal dignity and without the social, symbolic, and material consequences associated with being ‘legitimate’ members of the nation.

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Publication Details

Journal
Feminist Legal Studies
Published
2025-10-18
DOI
https://doi.org/10.1007/s10691-025-09591-2
Primary Topic
LGBTQ Health, Identity, and Policy
Type
article
Field-Weighted Citation Impact
0.00

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article

An LGBTQ Ethics of Identification: The Demand for Recognition and Equal Dignity

Claire Stephanie Westman
Feminist Legal Studies
LGBTQ Health, Identity, and Policy
article

An LGBTQ Ethics of Identification: The Demand for Recognition and Equal Dignity

Claire Stephanie Westman
article en

Abstract

Abstract While South Africa formally recognises the rights of LGBTQ persons, there is ongoing marginalisation and discrimination of and violence against such individuals. What is at stake here is not simply a matter of the legal recognition of LGBTQ rights, but rather a matter of the recognition of the identities and equal dignity of LGBTQ individuals. Cornell and Murphy suggest that recognition of marginalised identities and equal dignity stem from a demand for the freedom to imagine, rework, and shape one’s own identifications—a freedom which is often not afforded to LGBTQ individuals within South Africa. Drawing on Cornell and Murphy’s notion of multiculturalism and an ethics of identification, this paper posits that despite the formal legal recognition of the rights of LGBTQ groups and individuals, without a rearticulation of the notion of identity, such groups and individuals will continue to live without equal dignity and without the social, symbolic, and material consequences associated with being ‘legitimate’ members of the nation.

Feminist Legal StudiesVol. 33(3)
University of South Africa (ZA)
University of South Africa
Openalex Percentile: Top 66%
LGBTQ Health, Identity, and Policy
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