21 Va. J. Soc. Pol'y & L. 207 (2014)
The Trouble with Inclusion

handle is hein.journals/vajsplw21 and id is 215 raw text is: THE TROUBLE WITH INCLUSION

Yuvraj Joshi*
ABSTRACT
Attempts are being made to include members of excluded groups in
societal institutions. Inclusion has been proposed as the solution to the
injustice caused by exclusion. Yet, inclusion does not always achieve
justice and might sometimes perpetuate injustice. This Article provides a
framework for understanding inclusion that may fail to achieve social
justice and uses this framework to assess the inclusion of lesbians and
gays within marriage (marriage equality) and of women and minorities
within organizations (organizational diversity). The former case study
examines the legal and social movement for recognizing same-sex
marriage while the latter engages a range of contemporary debates,
including workplace diversity, gays in the military, women in armed
combat and gender mainstreaming at the UN. Each shows that inclusion
is less likely to achieve social justice where it misconstrues injustice,
maintains the status quo, decouples from justice, legitimizes the
institution or rationalizes injustice.
CONTENTS
Abstract...............................................207
I. Introduction      ..............................................208
A. Inclusion                        ..........................................211
B. Institutions.........................................218
II. Inclusion That May Fail to Achieve Social Justice . ............221
A. Inclusion That Misconstrues Injustice         ............ ........221
B. Inclusion That Maintains the Status Quo   ..................222
C. Inclusion That Decouples from Justice   ........   ............224
D. Inclusion That Legitimizes the Institution ......... ........225
E. Inclusion That Rationalizes Injustice         ............. ........227
III. Marriage Equality...............................228
A. Marriage Equality Does Not Detach the Distribution of
Benefits from Marital Status.........................228
* Yuvraj Joshi has published and worked on human rights, gender and sexuality,
HIV/AIDS and corporate social responsibility. The author thanks Anouchka
Appanah, Geordie McRuer, Daniel Monk, Les Moran, Rahel Nega and Talia
Wenzel for their comments on earlier drafts and the editors of the Virginia
Journal of Social Policy & the Law, especially Jacob Hasler, Jill Pritzker and
Kristin Stolpe, for their editorial support and advice. The views expressed in
this Article are those of the author alone and are presented in his personal
capacity. They do not necessarily represent the official policy or position of any
organization. Correspondence concerning the Article should be e-mailed to
yuvraj.joshi@gmail.com.

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