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Alexander Chen, Queerocide and Collective Rights, SSRN (Aug. 19, 2025).


Abstract: The queer community in the United States is poised at a moment between progress and peril. Decades of advances, culminating with the Supreme Court's landmark decisions recognizing a constitutional right to same-sex marriage in Obergefell v. Hodges, 567 U.S. 644 (2015), and extending federal workplace protections in Bostock v. Clayton County, 590 U.S. 644 (2020), have been followed by a sustained legal and political backlash, including the Court's decision upholding Tennessee's ban on gender-affirming care for transgender minors in United States v. Skrmetti, 145 S. Ct. 1816 (2025), as well as numerous executive orders and state bills targeting queer rights across areas ranging from education to workplace protections, health care access, housing law, public accommodations, identity documents, military service, data collection, medical research, and prison conditions. While popular commentators have argued that these laws and policies are aimed at "erasing" queer and transgender people, a theoretical framework that renders that erasure cognizable and subject to legal analysis has yet to be developed. This article aims to fill that void. Drawing from collective rights theories recognizing the group rights of racial, ethnic, and religious minorities, the article argues that the law should protect the culturally distinctive behavior of gender and sexual minorities, not just their right to be treated the same as the majority. In other words, the law should protect queer conduct, not just queer identity or status. Adapting the international law concept of ethnocide (the destruction of the cultural existence of an ethnic group), the article coins a new term, “queerocide,” defined as the destruction of the cultural existence of a gender or sexual minority group. The article then examines historical examples of queerocide, identifies characteristic features of queerocidal campaigns, and considers whether recent developments in American law and policy constitute queerocide. Finally, the article explores different avenues for legally protecting gender and sexual minority groups from queerocide and safeguarding their collective rights.