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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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