THE RIGHT TO MARRY AND THE SAN FRANCISCO EXPERIENCE

This article chronicles the issuance of marriage licenses to lesbian and gay couples in San Francisco in the winter of 2004. The article explores the political and legal landscape in the fight for the right to marry nationally and examines the current legal status of lesbian and gay couples in the country.     

Parenting without Protection: How Legal Status Ambiguity Affects Lesbian and Gay Parenthood

Through the lens of lesbian and gay parenthood we ask how individuals who experience “legal status ambiguity”—that which emerges when legal fluctuations combine with divided attitudes, ignorance of the law, and autonomous institutional gatekeepers—exercise their legal rights and responsibilities. The results from thirty‐one interviews with lesbian and gay parents in Oregon and their six adult children suggest that the state's fluctuating legal and social climates for lesbian and gay parenting between 1985 and 2013 presented significant challenges for two generations of same‐sex parents. Although both cohorts created and utilized a range of legal and social mechanisms to assert their legal rights, they found these rights to be controlled as much by gatekeeper perspectives as by legal force. After the 2015 Obergefell ruling on marriage equality, lesbian and gay parenting status remains a site of ongoing legal and social contestation, providing insight into the risks and challenges of legal status ambiguity.     

Equal Rights vs. Special Rights: Rights Discourses,Framing, and Lesbian and Gay Antidiscrimination Policy in Washington State

This study argues that rights discourse influences heterosexual public opinion in Washington State. We tested this through a survey experiment conducted in the 2011 Washington Poll. We broke interviewees into three groups, with each group exposed to a different frame: a pro–lesbian and gay equal rights frame, an anti–lesbian and gay special rights frame, and a control or no frame. Immediately following the treatment, we asked interviewees if they agreed with a pro–lesbian and gay policy: changing state antidiscrimination law to encompass those who identify as lesbian and gay. Overall, this study concludes that a special rights frame dampens support among some while an equal rights frame has no effect. Respondents who indicated that they were against same‐sex marriage even more strongly opposed altering antidiscrimination policy to include sexual orientation when confronted with an equal rights frame than when confronted with the special rights frame or no frame at all.     

WHAT MAKES A FAMILY?

This note analyzes the issue of gay and lesbian adoption. Although such adoptions are becoming more accepted in the United States, there remain a few states—Florida, Mississippi, and Utah—that have banned gay and lesbian adoptions. This note will propose new legislative language for adoption laws in conservative states.     

Queer Necropolitics and the Expanding Carceral State: Interrogating Sexual Investments in Punishment

This article examines the changing relationship between sexual politics and the carceral state. While sexual and gender nonconforming people have been historically punished for transgressing social norms, lesbian, gay, bisexual and transgender (LGBT) activists in Europe and North America have begun to invest in the state punishment of others. Whether supporting hate crime legislation, calling for more police in gentrifying neighborhoods, or participating in police recruitment campaigns, organisations that formerly fought against criminalisation trends now actively support expanding forms of state violence and punishment. Focussing on examples from the British and US context—and drawing from the concept of ‘queer necropolitics’—this article considers how the carceral state has shifted from a key target of queer protest to celebrated guardian of sexual citizenship. Arguing that this process constitutes more than just another story of queer assimilation and co-optation, the article suggests this shift reflects a deeper reconfiguration of sexual politics, where citizenship norms and practices are increasingly infused with a chillingly punitive and deathly logic.     

Affairs of the Heart: Hate Crime and the Politics of Crime Control

Various scholars have noted the priority given to law in the politics of hate violence; violence is the problem and law, more specifically the criminal law, the solution at the ‘heart’ of society. This article seeks to explore some of the gaps and silences in the existing literature and politics that mobilize these ideas and associations. It is the gap sand silences associated with demands for and expectations of criminal justice that will be the particular concern of this article. The demand for law is examined by way of David Garland's recent work on the culture of crime control. His work offers an analysis of the contemporary place of crime control in Anglo-American liberal democracies. A distinctive feature of his analysis is to be found in the way it maps an important paradox of contemporary crime control; its political centrality and an increasing recognition of its limitations. Garland's ‘criminology of the self’ and the ‘criminology of the other’ raise some important challenges for those who advocate resort to crime control. My particular concern is to consider the significance of Garland's work for a contemporary sexual politics that puts violence and criminal justice at the heart of that politics. Feminist, gay and lesbian scholarship first on criminal justice and second, on violence and law will be used to develop a critical dialogue with Garland's analysis and to reflect upon the challenges raised by his insights into contemporary crime control. This revised version was published online in July 2006 with corrections to the Cover Date.     

Resisting Hate Crime Discourse: Queer and Intersectional Challenges to Neoliberal Hate Crime Laws

Hate crime laws have reinforced neoliberalism by expanding police and prosecutorial power, adding to the rapid expansion of incarcerated populations. Further, hate crime discourse associates anti-queer violence with notions of “stranger danger,” and thereby reproduces problematic race and social class politics in which an innocent, implicitly middle-class, person is suddenly and randomly attacked by a hateful, implicitly low-income, person. Thus, the author argues that queer and intersectional resistance should reject hate crime discourse and, instead, focus on the experiences of marginalized lesbian, gay, bisexual, and transgender (LGBT) people. By doing so, scholarship and activism concerned with reducing anti-queer violence can benefit a wide range of LGBT people without reinforcing inequalities based on race and social class.     

LESBIAN, GAY, BISEXUAL, AND TRANSGENDER PARENTS

Estimates are that there are between 1.2 and 3 million people who are in same-gender partnered household relationships in the United States. Although there is less certainty about the number of parents among these couples and the number of single-parent gay and lesbian families, all research shows that a growing number of gay and lesbian as well as bisexual and transgender individuals are choosing to be parents. A sound body of empirical literature has demonstrated that the sexual orientation of a parent is irrelevant in terms of a person's ability to parent and has no lasting effect on the psychological adjustment of the person's children. Nevertheless, a majority of states in the United States place considerable legal hurdles in the face of lesbian, gay, bisexual, and transgender (LGBT) individuals who would like to be parents, as do many countries around the world, and the social context of contemporary society creates a number of special issues that the forensic evaluator or psychologist may encounter when asked to make a custody, adoption, or other fitness to parent assessment with LGBT parents. This article presents an overview of these issues and moves beyond theory to provide specific recommendations for evaluators working with LGBT parents.     

The last acceptable prejudice: an overview of LGBT social and criminal injustice issues within the USA

The intolerance of, and discrimination against, gays and lesbians is not a new concept. Yet, as many parts of the world have begun to socially and legally recognize gay rights, in many ways, the USA has lagged behind. An overview of past and present lesbian, gay, bisexual, and transgender social and criminal justice within the USA are presented. Also, specific recommendations are made for the future in an effort to put an end to this last acceptable prejudice.     

Differences in attitudes toward gays and lesbians among criminal justice and non-criminal justice majors

The criminal justice system is supposed to protect and serve all members of the community equally; therefore, any prejudicial attitudes harbored by criminal justice students may negatively impact their job performance as future justice professionals. Four hundred and eighty-four students at a large Midwestern university were surveyed on their views toward gay and lesbian persons and issues. The responses of criminal justice majors were compared to the responses of students majoring in other fields. Criminal justice majors tended to have more negative views of gays and lesbians than students in other majors. However, there was not a significant difference between the two groups of students in their willingness to extend rights to and socialize with gay and lesbian individuals.     

Intimate violence among underrepresented groups on a college campus

Rape, sexual violence, psychological violence, and physical violence, among college students have been a concern. Lifetime events are often studied but not violence that specifically transpires while one is in college. Underrepresented groups such as Deaf and Hard of Hearing students, students who are gay, lesbian, and bisexual, and students who are members of racial and ethnic minorities have not been studied as extensively as White, heterosexual females. The authors used several measures to investigate the incidence of sexual violence, physical and psychological abuse among underrepresented groups in a random sample of 1,028 college students at a private, northeastern, technological campus in upstate New York, United States and analyzed victimization rates by gender, race/ethnicity, auditory status, and sexual orientation. Binary logistic regression analyses found that statistically significant differences are likely to exist between members of underrepresented groups and groups in the majority. The study found statistically significant associations between Deaf and Hard of Hearing students and students who were gay, lesbian, bisexual, or other sexual orientation with psychological abuse and physical abuse. Racial and ethnic minorities and gay, lesbian, bisexual, and other sexual orientation students were significantly more at risk for sexual abuse. Gay, lesbian, bisexual, and other sexual orientation students, students who were members of a racial or ethnic minority, and female students were significantly more likely to be raped. Female heterosexual students were more likely to be the victim of an attempted rape. Suggestions for further research and policy implications are provided.     

Gay Visibility and the Law in Hong Kong

This article draws on the ‘visual turn’ in legal studies to argue for the centrality of visibility in the analysis of the regulation of gay and lesbian identities, with a specific focus on Hong Kong. Part I gives an overview of the ways in which gay visibility operates within the cityscape of Hong Kong. Parts II and III then focus on the case of Cho Man Kit v. Broadcasting Authority to examine the ways in which questions of visibility emerge in the courtroom.

     

Federal law recognizes same-sex "common-law partners"

On 31 July 2000, legislation enacted by Parliament to amend 68 different federal statutes so as to recognize gay and lesbian common-law couples as having the same rights and obligations as heterosexual common-law couples came into force.     

Donor, father or parent? Conceiving paternity in the Australian Family Court

Planned parenthood within the international lesbian and gay communities has attracted considerable attention and controversy in the past decade. On 5 April 2002, Guest J of the Family Court of Australia acknowledged a lesbian couple as resident parents of 2-year-old 'Patrick'. This judgement was remarkable in that it signalled a break with the well-documented international legal non-recognition of lesbian non-biological parents. However, the judgement was actually a loss for the two women, who had initiated legal proceedings in a bid to have the biological father's contact visits with the child reduced. Contrary to their wishes, the biological father was awarded increased contact and a notion of 'father' was separated in law from 'parent.' In this article, via analysis of the judgement, several issues are examined. First, one dilemma Guest J was faced with was: are the best interests of a child in a lesbian-parented family served by recognizing a father as a means for a child to make sense of his biological origins, or, by allowing the child to form and maintain a 'father-like' social relationship? This dilemma made visible the somewhat arbitrary and subjective nature of the 'best interests' standard when it comes to deciding between characterizations of paternity that recognize the symbolism of biological connections versus those that recognize the blood tie as grounds for a regular paternal social relationship. In the absence of an obvious 'best interests' conclusion, the judge found himself in the difficult position of assessing both the original terms or intent of the parental agreement between the parties and the quality of the existing social relationship between biological father and child. It is argued that his assessment of both issues was, at times, coloured by an unsubstantiated assumption that the lesbian parents' concept of kinship was irrational. The 'Patrick' case also indicated the extent to which lesbians and gay men may have entirely different expectations and understandings of 'known donor' relationships. This finding is contextualized within broader historical and political developments within lesbian and gay cultures. The author's conclusion is that there is a pressing need for legislative, policy and community-based initiatives to guide and assist individuals who identify with these communities in the task of bringing children into the world.     

"RELATIONSHIPS MORE ENDURING"

This article reviews the special legal challenges arising for children raised by lesbian and gay parents when those parents separate. The applicability of the Troxel decision to those special issues is explored and recommendations made for the practice of psychologists who evaluate custody questions in these cases.     

Hate crimes and stigma-related experiences among sexual minority adults in the United States: prevalence estimates from a national probability sample

Using survey responses collected via the Internet from a U.S. national probability sample of gay, lesbian, and bisexual adults (N = 662), this article reports prevalence estimates of criminal victimization and related experiences based on the target's sexual orientation. Approximately 20% of respondents reported having experienced a person or property crime based on their sexual orientation; about half had experienced verbal harassment, and more than 1 in 10 reported having experienced employment or housing discrimination. Gay men were significantly more likely than lesbians or bisexuals to experience violence and property crimes. Employment and housing discrimination were significantly more likely among gay men and lesbians than among bisexual men and women. Implications for future research and policy are discussed.     

Employer health coverage for domestic partners--identifying the issues

Several well-known companies now offer employees the opportunity to provide health coverage to gay, lesbian, or opposite-sex domestic partners, and others are considering doing so. This article examines the practical, tax, and other legal issues that employers need to consider as they make decisions about this benefit. Issues include the criteria that employees and their domestic partners must meet in order for coverage to be available, the cost of coverage, and how coverage is taxed in different situations.     

‘We are Jamaicans:’ living with and challenging the criminalization of homosexuality in Jamaica

Today, some 80 countries around the world have legislation criminalizing homosexuality, while those who engage in same-sex relations risk mob violence resulting from cultural intolerance. Despite this, gay rights advocacy within these countries exists. This paper examines gay rights advocacy in Jamaica – a nation which criminalizes same-sex relations and which has been identified by observers as among the most intolerant of same-sex relations. Using interviews with gay rights activists working with Jamaica’s leading gay rights organization, this paper describes the gay rights movement in a climate of repression. It begins with an overview of Jamaican sexual values, tracing its condemnation of homosexuality to a history of plantation slavery. Next, it discusses the emergence of a gay pride movement and the development of a broad-based association for all sexual orientations and identities. Finally, it examines the advocacy and activism of the Jamaican Forum for Lesbians, All-Sexuals, and Gays, a voice for Jamaica’s lesbian, gay, bisexual, and transgendered community. Throughout, the paper reveals how even an oppressed identity may find a voice and thrive despite the greatest of legal and cultural challenges.     

(When) Are Rights Wrong? Rights Discourses and Indeterminacy in Gay and Lesbian Parents’Custody Cases

This paper examines the paradoxical and problematic position of rights discourses in lesbian, gay, bisexual, and transgender (LGBT) parents'custody and adoption cases. In it, I analyze the ways in which different types of rights are framed by the litigants and, alternatively, by the judges, as well as how the same constitutional rights (e.g., the right to privacy) are often deployed both in defense of and in opposition to gay /lesbian parents. An in-depth analysis of judicial decisions over a 50-year period and interviews with key family law players reveal the indeterminacy and therefore complexity of rights as a strategy and a discourse in the family law context. Consistent throughout this analysis are the problematic intersection of the collective and the individual in rights-based claims, and evidence of the distinct nature of LGBT rights claims as revolutionary in both their bases and their implications. The analysis confirms in some ways, but also contradicts and complicates many assertions of the "rights critique" of the past two decades. It also suggests a more complex and less dichotomous relationship between rights, status, and contract.     

Sexual Orientation,Gender Identity,and Adoption Law

The legal landscape surrounding adoption by lesbian, gay, bisexual, transgender, or questioning/queer (LGBTQ) parents continues to be dynamic and variable across the United States, yet the topic is generally viewed favorably by Americans and increasing numbers of LGBTQ adults are becoming adoptive parents. In this essay, we explore intersections of sexual orientation, gender identity, and adoption law. We discuss connections between parenting (including adoption) and marriage rights, highlight the influence of varying legal contexts and discrimination for LGBTQ adults who pursue adoption (including case examples from Florida after the gay adoption ban was lifted), and incorporating the perspectives of adoption‐agency personnel working with LGBTQ clients.