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Jon Rubin 《Feminist Legal Studies》2001,9(1):75-83
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In 2014 Jennifer Cramblett, a white lesbian, filed a Complaint for Wrongful Birth alleging that the Midwest Sperm Bank mistakenly provided sperm from an African–American donor. In this article, we trace the complex and overlapping lines of legal and social inheritance that have conditioned not only the possibility of such a lawsuit, but also the legal language and arguments within the Complaint itself. First, we trace the racial politics of homonormativity, which set the conditions of possibility for an out, white lesbian to bring this case forward. Second, we trace the inheritance of wrongful birth tort law, reviewing its prior race and disability-related uses, and its basis in feminist reproductive rights. Third, we trace how disability, race and sexuality interlock within the eugenic inheritance of both ‘wrongful birth’ and reproductive technologies. Finally, we follow traces of racial inheritance, namely, the loss of white property and proximity to whiteness. 相似文献
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Sharon Cowan 《Feminist Legal Studies》2004,12(1):79-92
In the case of Bellinger v. Bellingerthe House of Lords has for the first time exercised the power to make a declaration of incompatibility under s. 4 of the Human
Rights Act 1998, finding that U.K. law on marriage is in breach of Articles 8 and 12 of the European Convention on Human Rights.
This case note argues, however, that despite this decision, and despite also recent judgements of the European Court of Human
Rights upholdingthe rights of transsexual people, the principles applied in Bellingerdemonstrate that judicial discourse on transsexuality remains bound within the heterosexual and biological framework of Corbett v. Corbett. 相似文献
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