Same-Sex Marriage Litigation and Children's Right to Be Queer
Bibliographic Data
| ID | 3608274 |
|---|---|
| Authors | Clifford Rosky, Clifford J Rosky (0000-0001-6623-7025, corresponding author) |
| Year | 2016 |
| Volume | 22 |
| Issue | 4 |
| Pages | 541-568 |
| Publication date | 2016-10-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | GLQ A Journal of Lesbian and Gay Studies (JOURNAL) |
| Journal identifiers | ISSN: 1064-2684 • E-ISSN: 1527-9375 |
| Publisher | Duke University Press (PUBLISHER • US) |
| DOI | 10.1215/10642684-3603090 |
| OpenAlex | W2522287694 |
| Language | EN |
| Citations received | 2 |
| References cited | 17 |
This essay examines how lawyers and judges have framed the question of children's queerness in litigation over same-sex marriage. First, it argues that in United States v. Windsor and Obergefell v. Hodges, the US Supreme Court invoked the tropes of dignity, injury, and immutability to set the outer limits of sexual liberty for both children and adults. Next, the essay looks back to the early work of queer theorists, legal scholars, and lawyers to unearth a more promising vision of law's relationship to children's queerness. By juxtaposing how two judges approached the possibility of the gay child in Utah and California, it develops a claim that has yet to be vindicated-that the US Constitution protects every child's right to be queer
Constitution · Dignity · Immutability · Political science · Queer · Sociology · Supreme court · Windsor · Law, Rights, and Freedoms · LGBTQ Health, Identity, and Policy · Reproductive Health and Technologies · Gender Studies · Law
Diagnostic and Statistical Manual of Mental Disorders
Policing the Crisis
Policing the Crisis
Gay Rights and Moral Panic
Covering
The Queen of America Goes to Washington City
Sexual Orientation and the Politics of Biology
The Queer Child, Or Growing Sideways in the Twentieth Century
The Domesticated Liberty of Lawrence v. Texas
How to Bring Your Kids up Gay
Queering the State
Intimacy
| Citations per year | 0.67 |
|---|---|
| Citation span | 2023 - 2025 (3) |
| Highly cited | No |