Sexual politics/Mirkin

1999

In 1998 (online), Harris Mirkin, a political scientist, was published with a paper in the w:Journal of Homosexuality, titled The Pattern of Sexual Politics, Feminism, Homosexuality, and Pedophilia (in print, 2009).

Abstract:

Until recently sex and gender issues were thought to be biological or natural rather than political. The feminist movement largely changed perceptions of gender, and the gay and lesbian movements significantly altered conceptions of sex, so that what were once seen as permanent moral standards are now viewed as historical and political constructions. As views of these groups have moved towards social constructionism, perceptions of child sexuality have become more absolutist. Current attitudes towards child sexuality and representations of it resemble historical attitudes towards women and homosexuals.

This article argues that there is a two-phase pattern of sexual politics. The first is a battle to prevent the battle, to keep the issue from being seen as political and negotiable. Psychological and moral categories are used to justify ridicule and preclude any discussions of the issue, and standard Constitutional guarantees are seen as irrelevant. The second phase more closely resembles traditional politics as different groups argue over rights and privileges. Feminist and gay/lesbian politics have recently entered the second phase, while pedophilia is in the first.

• Text of this paper as-submitted, without the footnotes, is apparently available at [1]. This may differ from the as-published paper.

2009

In 2009, Mirkin published another article in J.Homosex, The Social, Political, and Legal Construction of the Concept of Child Pornography

Abstract

This article examines the construction of the concept of child pornography, developed in several Supreme Court decisions. New York v. Ferber (1982) separated child pornography from adult obscenity, and soon thereafter almost all pictures of nude children became illegal. These images had been common in art and usually signified innocence, although they often had an erotic component. The assumption that images of nude youths can only be viewed erotically is a significant change. The justification—that children were hurt in producing child pornography, and that distribution (even no-cost distribution) and private possession contributed to that harm—does not hold up under analysis. It is statistically flawed and inconsistent with other Court decisions. Justice Kennedy's decision in Ashcroft v. The Free Speech Coalition supports the argument that the images are forbidden because they challenge the ideology of the innocent child. Since erotic images of adults are common, understanding the different treatment of youths is important for understanding contemporary sexual politics.