The inclusion of bisexuals, transsexuals, and even heterosexuals who feel confined by conventional sexual expression, as “queer” removes the solid political ground they have struggled to mark out as a minority, and which provides the basis from which rights claims are made. This is indeed a problem as liberal democracy accords right to groups only if their membership is clear. A judgment in Colorado, for example, found that there was no case for outlawing discrimination against gay men, lesbians, or bisexuals since “We don’t have a group that is easily confinable.”
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