GAY STATE: AN ANALYTICAL APPROACH

On September 28, 2012: Viktor Zimmermann will make a presentation at the the Hay Centennial Conference in NY, in the section "New Directions for Contemporary LGBT Politics":

Date: September 28, 2012
Time: 15:30
Location: GC C-198, The Graduate Center, CUNY (New York)

http://radicallygay2012.sched.org/print

The conference will take 4 days (September 27-30). Registration is required.

ABSTRACT

The present work deals with the issue of suggested establishment of a Gay State as a safe haven for Gay refugees and a central hub for Gay culture and politics. In this paper, I evaluate whether the creation of such an entity is necessary and feasible in current age. Harry Hay’s fundamental concept of Gays being a „cultural minority“ is extended towards the conception of Gays being a diasporic people worthy of political and cultural self-determination. I also evaluate some contemporary scholar views on the question of what constitutes „a people“, and which peoples are usually considered to posess the right of self-determination. The question is considered whether Gays can be legally regarded as a „people“, as well as the question whether an uncontested recognition of „peoplehood“ is indeed a necessary precondition for the legal establishment of the Gay State. In accordance with the work of Jorri Duursma on European Microstates, and the study on the creation of States in International Law by James Crawford, I show that neither the criterion of permanent population, nor a minor size of the territory or population constitute obstacles on the way to Gay statehood. The important legal precedents of the Order of Malta and the State of the Vatican City enable the establishment of the Gay State as a „State for special purpose“. A workable strategy would consist of an initial formation of a non-territorial sovereign entity taking a lease on a small territory from an existing State, followed by a legal purchase of a sovereign territory at a later time point. In summary, I show that the creation of a territorial Gay State is a realistic and a promising strategy to address the many chances and challenges for the Gay people in the 21st century.