Sexe et laïcité. L'égalité sexuelle comme critère fondamental de laïcité du droit

Abstract : In the French Republic theoretically and rhetorically based on liberty and equality, gender equality is still doubtful. Equality between sexes and above all sexualities seem to be institutionally inconceivable. The legislative responses to the claims by civil society are often ambiguous (statutory registration of sex change, Civil Pact of Solidarity, gender affirmative action etc.) and met with traditionalist resistances, basically more religious than symbolic. Analysing the social contract through the marriage contract makes it clear that after 1789 civil law was not revolutionized and, despite its voluntarism, kept clinging to "natural law". The state did not give up sex differentiation as inscribed in Genesis and canon law, then secularised by Rousseau. Women were stricken by both civil and civic incapacity there to last. However, by separating the family from the city, Rousseau separates the private from the public, thus contributing to the conception of French secularism. Differences between individuals pertain to the private, the public being the area of the citizens' undifferentiated equality. Now, statutory registration makes a "religion of the two sexes" compulsory as from birth, in total contradiction with today's way of life and biological breakthroughs. This form of state religion has discriminatory consequences through its prohibitions (homosexual parenthood...) and prescriptions (re-assigning intersexuals...). It would be logical for the secular state to give up sexing citizens. But many individuals, going through a crisis of marriage and nation, may still need to believe, the fiction of an Edenic community serving, then, as a partition of re-enchantment.
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Nathalie Rubel. Sexe et laïcité. L'égalité sexuelle comme critère fondamental de laïcité du droit. Philosophie. Université Charles de Gaulle - Lille III, 2009. Français. ⟨tel-01025498⟩

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