We sit at an interesting juncture in the evolution (in some cases, devolution) of the idea of sexual rights in international law. For at the very moment that we are experiencing a retraction in both domestic and international commitments to rights associated with sexual and reproductive health, we see sexual rights of a less-reproductive nature gaining greater uptake and acceptance. It is the moral hazard associated with perceived gains in the domain of international rights for lesbians and gay men that I want to address today. In the end, the point I want to bring home is that a particular kind of caution, and indeed a new kind of politics, is called for when the state becomes a partner in the project of converting wrongs into rights and outlaws into rights-bearing citizens. The ''patriotized'' rights-bearing lesbian or gay subject and "its" movement have a duty to actively resist being mustered into nationalist projects undertaken in its name and purportedly on its behalf.
Katherine M. Franke,
Sexual Rights and State Governance,
Am. Soc'y Int'l L. Proc.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2635