Courting Change: Queer Parents, Judges, and the Transformation of American Family Law

Courting Change: Queer Parents, Judges, and the Transformation of American Family Law
ISBN-10
0814775950
ISBN-13
9780814775950
Category
Law
Pages
267
Language
English
Published
2009
Publisher
NYU Press
Author
Kimberly D. Richman

Description

What makes an adoption board, community, or judge balk at the thought of allowing a gay man to adopt a little girl? How is it possible that a father who was convicted for the murder of his first wife can gain sole custody of the children from his second marriage, on the grounds that their mother is a lesbian? While these questions yield no easy or simple answer, they highlight the complexity and contradictions of an area of gay rights litigation overlooked by many in the early years of the gay rights movement: family law. In Courting Change, Kimberly D. Richman zeroes in on this indeterminate and discretionary area of American law, focusing on judicial decisions - both the outcomes and the rationales - and what they say about family, rights, sexual orientation, and who qualifies as a parent. Richman challenges prevailing notions that gay and lesbian parents and families are hurt by law's indeterminacy, arguing that, because family law is so loosely defined, it allows for the flexibility needed to respond to - and even facilitate changes in how we conceive of family, parenting, and the role or sexual orientation in family law.

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