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79 U. Cin. L. Rev. 1461 (2010-2010)
Polyamory as a Sexual Orientation

handle is hein.journals/ucinlr79 and id is 1469 raw text is: POLYAMORY AS A SEXUAL ORIENTATION Ann E. Tweedy* This Article examines, from a theoretical standpoint, the possibility of expanding the definition of sexual orientation in employment discrimination statutes to include other disfavored sexual preferences, specifically polyamory. First, it examines the current, very narrow definition of sexual orientation, which is limited to orientations that are based on the sex of those to whom one is attracted, and explores some of the conceptual and functional problems with the current definition. Next the Article looks at the possibility of adding polyamory to current statutory definitions of sexual orientation, examining whether polyamory is a sufficiently embedded identity to be considered a sexual orientation and the degree of discrimination that polyamorists face. After concluding that such an expansion would be reasonable, the Article briefly outlines some issues for further investigation, including potential policy implications and the conflicting evidence as to whether polyamorists want specific legal protections. 1. INTRODUCTION This Article addresses, from a theoretical standpoint, the question of whether the definitions of sexual orientation in anti-discrimination laws, particularly employment discrimination statutes,' should be amended to * Assistant Professor, Hamline University School of Law. The author would like to thank Steven J. Macias, Mae Kuykendall, Barbara Cox, Tiffany Graham, Clifford Rotsky, Elizabeth Glazer, Gowri Ramachandran, and Mary Anne Case for reviewing and commenting on drafts of this Article. The author would also like to thank the participants at the 2009 Lavender Law Conference, the 2010 Law and Society Annual Meeting, and the Fourteenth Annual Conference for the Association of the Study of Law, Culture and the Humanities, as well as members of Michigan State University College of Law's Triangle Bar Association and the faculty at Michigan State University College of Law for opportunities to present this material and for the very helpful feedback I received. The author is also grateful to Jeffery Mingo, Carol Guess, Barbara O'Brien, and Cynthia Lee Starnes for sharing their thoughts and ideas about the Article. Finally, the author would like to thank the Seattle Bisexual Women's Network for making space for the discussions that planted the seed for this Article. 1. This Article focuses on the possibility of amending state statutory definitions of sexual orientation because, if a change in the definition of sexual orientation is warranted, state statutes make a good starting point for several reasons. First, state legislative change tends to be easier to accomplish than federal legislative change. Second, many states already statutorily protect against sexual orientation discrimination, whereas the federal government does not yet do so. And, third, the Supreme 1461

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