Defining Sexual Orientation
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Laws prohibiting discrimination based on sexual orientation are becoming more common in all parts of the world. Few of these laws provide useful definitions of the term sexual orientation. As a result, the meaning and impact of these laws remains unclear. This Article reviews past and current definitions of sexual orientation according to how well they incorporate current empirical knowledge of sexual orientation, and how their use in human rights laws impacts the dignity, right to equality, and human development of sexual minorities. The Article gives particular attention to the definition of sexual orientation found in the Yogyakarta Principles which has been adopted by a number of jurisdictions throughout the world. Because this definition views sexual orientation through a heteronormative lens, its use restricts sexual freedoms and undermines the dignity of individuals with non-confirming sexual orientations. The Article proposes a multi-dimensional definition of sexual orientation grounded in current scientific knowledge of how sexual orientation is manifested in the lives of sexual minorities.
Based on the analysis above, the definition should reflect the manifestation of sexual orientation through a person’s experience of attraction to, and sexual behavior with, one gender or more genders, as well as self-determined sexual orientation identity. Moreover, sexual orientation is manifested through any type of emotional or sexual attraction, or any type of behavior that is considered sexual. Finally, the definition should recognize that the sexual orientation of an individual may differ depending on the orientation of any one of the three dimension of attraction, behavior, and identity. The following definition reflects these considerations:
An individual’s sexual orientation is indicated by one or more of the following: how a person identifies their own sexual orientation, a person’s capacity for experiencing sexual and/or affectional attraction to people of the same and/or different gender, and/or a person’s sexual behavior with people of the same and/or different gender.