ABSTRACT

Developing a theory of law that is specifically lesbian requires clarity about what the purpose of such a theory would be. Lesbian survival is the starting point for developing lesbian legal theory. While a particular lesbian might find lesbian legal theory inadequate in its applicability to her needs a lesbian legal theory cannot segregate a lesbian's disability issues. The positive attributes of any lesbian legal theory will shift according to the participants. Given the available legal concepts, sexual privacy is a possible argument to guarantee at least certain rights to lesbians. For feminists, that a man's home is his castle can be the bedrock of marital domestic violence. While there are many explanations for vigorous debates about sexual privacy, it seems to that the controversies are about the boundaries of lesbianism. For those who believe that equality is an elemental rule of law, the discourse of discrimination is a disappointment.