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This book brings together twelve original essays by leading scholars of law, politics, and society to address the most important question facing the LGBT movement today: What does marriage equality mean for the future of LGBT rights?In doing so, it explores crucial and wide-ranging social, political, and legal issues confronting the LGBT movement, including the impact of marriage equality on political activism and mobilization, antidiscrimination laws, transgender rights, LGBT elders, parenting laws and policies, religious liberty, sexual autonomy, and gender and race differences. The book also looks at how LGBT movements in other nations have responded to the recognition of same-sex marriages, and what we might emulate or adjust in our own advocacy.

In the past several decades, medicine, the media, and popular culture have focused on mothers as the primary source of health risk for their children, even though American children are healthier than ever. The American legal system both reflects and reinforces this conception of risk. This book explores how this occurs by looking at unconscious psychological processes, including the ways in which we perceive risk, which shape the actions of key legal decisionmakers, including prosecutors, judges, and jurors. These psychological processes inevitably distort the way that ostensibly neutral legal principles are applied in ways that are biased against mothers. The book shows how assertions that mothers and mothers-to-be have “risked” their children’s health play out in practice. Pregnant women, women who do or do not breastfeed, and mothers whose children are injured or killed by the mother’s abusive male partner end up facing civil lawsuits and criminal prosecution. The book also illustrates how America’s resistance to the precautionary principle has led to an epidemic of children poisoned by lead. Vaccination is the only area in which parents are permitted to opt out of medically recommended health care for their children. The book explores the role of “choice” in children’s health and how it is applied unevenly to mothers and others, including manufacturers of toxic products. The book ends with recommendations for real improvement in children’s health.

American political and legal culture is uncomfortable with children's sexuality. While aware that sexual expression is a necessary part of human development, law rarely contemplates the complex ways in which it interacts with children and sexuality. Just as the law circumscribes children to a narrow range of roles—either as entirely sexless beings or victims or objects of harmful adult sexual conduct—so too does society tend to discount the notion of children as agents in the domain of sex and sexuality. Where a small body of rights related to sex has been carved out, the central question has been the degree to which children resemble adults, not necessarily whether minors themselves possess distinct and recognized rights related to sex, sexual expression, and sexuality. This book reflects on some of the unique challenges that accompany children in the broader context of sex, exploring from diverse perspectives the ways in which children emerge in sexually related dimensions of law and contemporary life. It explores a broad range of issues, from the psychology of children as sexual beings to the legal treatment of adolescent consent. It also explores whether and when children have a right to expression as understood within the First Amendment. This book goes beyond the traditional discourse of children as victims of adult sexual deviance by highlighting children as agents and rights holders in the realm of sex, sexuality, and sexual orientation.

Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an “adversary” system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a “problem-solving” model in which courts attempt to resolve both legal and non-legal issues. At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children's lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution have become more diverse and their legal situations more complex. This book argues that the current “problem solving” model fails to address the realities of today's families. The book suggests that while today's dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties—a model that fits poorly with the realities of today's disputing families. To serve the families it is meant to help, the legal system must adapt and reshape itself.

Children and youth become involved with the juvenile justice system at a significant rate. While some children move just as quickly out of the system and go on to live productive lives as adults, other children become enmeshed in the system, developing deeper problems and or transferring into the adult criminal justice system. This book focuses on ways to intervene at the earliest possible point to rehabilitate and redirect—to keep kids out of the system—rather than to punish and drive kids deeper. It presents a compelling argument for rethinking and restructuring the juvenile justice system as we know it. The book explores the system's fault lines with respect to all children, and focuses in particular on issues of race, gender, and sexual orientation that skew the system. Most importantly, it provides specific program initiatives that offer alternatives to our thinking about prevention and deterrence, with an ultimate focus on keeping kids out of the system altogether.

Legally Straight offers a critical reading of the legal debate over lesbian and gay marriage in the United States in order to understand how change happened so quickly. The book relies on key judicial opinions to trace changes in our understanding of heterosexuality, as what was once characterized as an elusive object of analysis was brought into the spotlight. Upon closer inspection, it seemed that the cultural value of marriage was becoming tarnished, and the trouble appeared to center around one very specific issue: reproduction. As opponents of lesbian and gay marriage emphasized the link between marriage and accidental pregnancy, the evidence mounted, the arguments proliferated, and resistance began to turn against itself. Heterosexuality, it seemed, was little more than a set of palliative prescriptions for the worst of human behavior, and children became the victims. It thus became the province of the courts to reinforce the cultural value of marriage by resisting what came to be known as the “procreation argument,” the assertion that marriage exists primarily to regulate the unruly aspects of heterosexual reproduction. Our conceptions of children and childhood were being put at risk as gays and lesbians were denied marriage. Writing lesbian and gay families into the law of marriage became the better option.

This book describes a new way of being a couple and a new family form—living apart together—where couples who are committed to one another nevertheless maintain separate residences and finances. Although studied previously in Europe and other areas, LAT has not attracted attention in the United States, although it appears to be as prevalent there as elsewhere. After presenting the research done about LATs in other areas of the world, the book presents the results of the author’s empirical research on this lifestyle—both the results of surveys taken in 2016 and of interviews of LAT couples in 2016 and 2017 in the United States and England, which explore the numbers of LATs, their reasons for living apart, their demographics, the economics of their relationships, and their mutual caregiving. It also compares and contrasts this lifestyle with both commuter marriage and cohabitation. A particular focus is placed on the special role that LAT appears to play in the lives of women, gay males, and couples 65 and older. Ways in which LATs encounter the US legal system currently—primarily with respect to the termination of alimony upon cohabitation—are described and criticized. After discussing what the purposes of family law should be in general, the author proposes a number of legal reforms that should be undertaken to support the caregiving functions LAT partners perform for each other.

Among the many important tools feminist legal theorists have given scholars is antiessentialism: all women are not created equal, and privilege varies greatly by circumstances, particularly that of race and class. Yet at the same time, feminist legal theory tends to view men through an essentialist lens, in which men are created equal. The study of masculinities, inspired by feminist theory to explore the construction of manhood and masculinity, questions the real circumstances of men, not in order to deny men's privilege but to explore in particular how privilege is constructed, and what price is paid for it. This book exhorts readers to apply the antiessentialist model—so dominant in feminist jurisprudence—to the study of masculinities. It demonstrates how men's treatment by the law and society in general varies by race, economic position, sexuality, and other factors. The book applies these insights to both boys and men, examining how masculinities analysis exposes both privilege and subordination. It examines men's experience of fatherhood and sexual abuse, and boys' experience in the contexts of education and juvenile justice. Ultimately, the book calls for a more inclusive feminist theory, which, by acknowledging the study of masculinities, can broaden our understanding of male privilege and subordination.

From divorce court to popular culture, alimony is a dirty word. Unpopular and rarely ordered, the awards are frequently inconsistent and unpredictable. The institution itself is often viewed as an historical relic that harkens back to a gendered past in which women lacked the economic independence to free themselves from economic support by their spouses. In short, critics of alimony claim it has no place in contemporary visions of marriage as a partnership of equals. But this book argues that alimony is often the only practical tool for ensuring that divorce does not treat today's primary caregivers as if they were suckers. The suggested solution is to radically reconceptualize alimony as a marriage buyout. The buyouts draw on a partnership model of marriage that reinforces communal norms of marriage, providing a gender-neutral alternative to alimony that assumes equality in spousal contribution, responsibility, and right. The quantification formulae support new default rules that make buyouts more certain and predictable than their current alimony counterparts. Looking beyond alimony, the book outlines a new vision of marriages with children, describing a co-parenting partnership between committed couples, and the conceptual basis for income sharing between divorced parents of minor children. Ultimately, under a partnership model, the focus of alimony is on gain rather than loss and equality rather than power: a spouse with disparately low earnings isn't a sucker or a victim dependent on a fixed alimony payment, but rather an equal stakeholder in marriage who is entitled at divorce to share any gains the marriage produced.

According to masculinities theory, masculinity is not a biological imperative but a social construction. Men engage in a constant struggle with other men to prove their masculinity. This book develops a multidimensional approach. It sees categories of identity—including various forms of raced, classed, and sex-oriented masculinities—as operating simultaneously and creating different effects in different contexts. By applying multidimensional masculinities theory to law, the book both expands the field of masculinities and develops new thinking about important issues in feminist and critical race theories. The topics covered include how norms of masculinity influence the behavior of policemen, firefighters, and international soldiers on television and in the real world; employment discrimination against masculine cocktail waitresses and all transgendered employees; the legal treatment of fathers in the United States and the ways unauthorized migrant fathers use the dangers of border crossing to boost their masculine esteem; how Title IX fails to curtail the masculinity of sport; the racist assumptions behind the prison rape debate; the surprising roots of homophobia in Jamaican dancehall music; and the contradictions of the legal debate over women veiling in Turkey. Ultimately, the book argues that multidimensional masculinities theory can change how law is interpreted and applied.

While many young people become lawyers for the big bucks, others are motivated by the pursuit of social justice, seeking to help people for whom legal services are financially, socially, or politically inaccessible. These progressive lawyers often bring a considerable degree of idealism to their work, and many leave the field due to insurmountable red tape and spiraling disillusionment. But what about those who stay? And what do their clients think? This book explores how progressive lawyers and their clients negotiate the dissonance between personal idealism and the realities of a system that doesn't often champion the rights of the poor. The book draws on over fifty interviews with urban legal service lawyers and their clients to provide readers with a compelling behind-the-scenes look at how different notions of practice can present significant barriers for both clients and lawyers working with limited resources, often within a legal system that many view as fundamentally unequal or hostile. Through consideration of the central themes of progressive lawyering—autonomy, collaboration, transformation, and social change—the book presents a subtle and complex tableau of the concessions both lawyers and clients often have to make as they navigate the murky and resistant terrains of the legal system and their wider pursuits of justice and power.

This book aims at nothing less than a complete reform of the existing juvenile justice system: not minor change or even significant overhaul, but the replacement of the existing system with a different vision. Uniformly, the book agrees that an ideal system should be centered around the principle of child well-being and the goal of helping kids to achieve productive lives as citizens and members of their communities. Rather than the existing system, with its punitive, destructive, undermining effect and uneven application by race and gender, the chapters envision a system responsive to the needs of youth as well as to the community's legitimate need for public safety. The book asks how can the ideals of equality, freedom, liberty, and self-determination transform the system? How can we improve the odds that children who have been labeled as “delinquent” can make successful transitions to adulthood? And how can we create a system that relies on proven, family-focused interventions and creates opportunities for positive youth development? Drawing upon interdisciplinary work, as well as on-the-ground programs and experience, the book sketches out the parameters of such a system. Providing the principles, goals, and concrete means to achieve them, it imagines using our resources wisely and well to invest in all children and their potential to contribute and thrive in our society.

No federal law in the United States requires that egg or sperm donors or recipients exchange any information with the offspring that result from the donation. Donors typically enter into contracts with fertility clinics or sperm banks which promise them anonymity. The parents may know the donor's hair color, height, IQ, college, and profession; they may even have heard the donor's voice. But they do not know the donor's name, medical history, or other information that might play a key role in a child's development. And, until recently, donor-conceived offspring typically did not know that one of their biological parents was a donor. But the secrecy surrounding the use of donor eggs and sperm is changing. And as it does, increasing numbers of parents and donor-conceived offspring are searching for others who share the same biological heritage. When donors, recipients, and “donor kids” find each other, they create new forms of families that exist outside of the law. This book details how families are made and how bonds are created between families in the brave new world of reproductive technology. It shows how these new kinship bonds dramatically exemplify the ongoing cultural change in how we think about family.

When a child is conceived from sexual intercourse between a married, heterosexual couple, the child has a legal father and mother. Whatever may happen thereafter, the child's parents are legally bound to provide for their child, and if they don't, they'-re held accountable by law. But what about children created by artificial insemination? When it comes to paternity, the law is full of gray areas, resulting in many cases where children have no legal fathers. This book argues that the courts should take steps to ensure that all children have at least two legal parents. Additionally, state legislatures should recognize that more than one class of fathers may exist and allocate paternal responsibility based, again, upon the best interest of the child. The book includes concrete methods for dealing with different types of cases, including anonymous and non-anonymous sperm donors, married and unmarried women, and lesbian couples. In so doing, it first establishes different types of paternity, and then draws on these to create an expanded definition of paternity.

Domestic violence is commonly assumed to be a bipartisan, nonpolitical issue, with politicians welcoming headlines saying they are working against family violence. Nevertheless, the Violence Against Women Act expired for over 500 days between 2012 and 2013 due to disagreements between the U.S. Senate and House, demonstrating that legal protections for survivors of domestic abuse are both highly political and highly vulnerable. Racial and gender politics, the move toward criminalization, reproductive justice concerns, gun control debates, and other factors and political interests are increasingly shaping responses to domestic violence, demonstrating the necessity for a true understanding of the dynamic between politics, domestic violence, and the law. The Politicization of Safety will provide a critical historical perspective on domestic violence responses in the United States. It will grapple with the ways in which child welfare systems and civil and criminal justice responses intersect, and considers the different, overlapping ways in which survivors of domestic abuse are forced to cope with institutionalized discrimination, including arenas of race, gender, sexual orientation, and immigration status, not to mention cases of police-perpetrated domestic abuse.

Although family law is diverse and does not fit into a neat theoretical statement as do many other areas of law, one consistent theme is present in family law—human behavior. Although relying too heavily and uncritically on empirical data and conclusions can be risky, there is promise and utility in empirical science applied to family law. This book focuses on the premise that empirical research in family law can lead to better outcomes in many situations. Like other texts in the current Law and Psychology series, this book examines and includes a variety of psychological theories stemming from both applied and basic research. With that, the book has four main ambitions. First, it will explain the current state of family law. Second, it will demonstrate the relevance of psychological research to family law topics. Third, it will describe the existing research on those topics. And, fourth, it will outline areas for future research; offering specific research questions in some instances. Family law is inextricably linked with culture and time period; therefore, the book provides historical context and while examining individual behaviors and choices that laid foundations for our evolved and evolving current family law.

This is the first book to provide a detailed history of how lesbian, gay, bisexual, and transsexual (LGBT) parents have turned to the courts to protect and defend their relationships with their children. It chronicles the stories of LGBT parents who, in seeking to gain legal recognition of and protection for their relationships with their children, have fundamentally changed how American law defines and regulates parenthood. To this day, some courts are still not able to look beyond sexual orientation and gender identity in cases involving LGBT parents and their children. Yet on the whole, the stories are of progress and transformation: as a result of these pioneering LGBT parent litigants, the law is increasingly recognizing the wide diversity in American familial structures.

The birth of the first test tube baby in 1978 focused attention on the sweeping advances in assisted reproductive technology (ART), which is now a multi-billion-dollar business in the United States. Sperm and eggs are bought and sold in a market that has few barriers to its skyrocketing growth. While ART has been an invaluable gift to thousands of people, creating new families, the use of someone else's genetic material raises complex legal and public policy issues that touch on technological anxiety, eugenics, reproductive autonomy, identity, and family structure. How should the use of gametic material be regulated? Should recipients be able to choose the “best” sperm and eggs? Should a child ever be able to discover the identity of her gamete donor? Who can claim parental rights? This book explores these issues and many more, noting that although such questions are fundamental to the new reproductive technologies, there are few definitive answers currently provided by the law, ethics, or cultural norms. As a new generation of “donor kids” comes of age, the book calls for better regulation of ART, exhorting legal and policy-making communities to cease applying piecemeal laws and instead create legislation that sustains the fertility industry while simultaneously protecting the interests of egg and sperm donors, recipients, and the children that result from successful transfers.

The development of a legal regime to combat domestic violence in the United States has been lauded as one of the feminist movement's greatest triumphs. This book argues, however, that the resulting system is deeply flawed in ways that prevent it from assisting many women subjected to abuse. The current legal response to domestic violence is excessively focused on physical violence; this narrow definition of abuse fails to provide protection from behaviors that are profoundly damaging, including psychological, economic, and reproductive abuse. The system uses mandatory policies that deny women subjected to abuse autonomy and agency, substituting the state's priorities for women's goals. The book explores how the legal system's response to domestic violence developed, why that response is flawed, and what we should do to change it. It argues for an anti-essentialist system, which would define abuse and allocate power in a manner attentive to the experiences, goals, needs and priorities of individual women. The book imagines a legal system based on anti-essentialist principles and suggests ways to look beyond the system to help women find justice and economic stability, engage men in the struggle to end abuse, and develop community accountability for abuse.

Extraordinary changes in patterns of family life—and family law—have dramatically altered the boundaries of parenthood and opened up numerous questions and debates. What is parenthood and why does it matter? How should society define, regulate, and support it? Is parenthood separable from marriage—or couplehood—when society seeks to foster children's well-being? What is the better model of parenthood from the perspective of child outcomes? Intense disagreements over the definition and future of marriage often rest upon conflicting convictions about parenthood. This book asks bold and direct questions about parenthood in contemporary society. The chapters facilitate a dynamic conversation about competing models of parenthood and a sweeping array of topics, including single parenthood, adoption, donor-created families, gay and lesbian parents, transnational parenthood, parent-child attachment, and gender difference and parenthood.