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From Outsider Status To Insider And Outsider Again: Interest Convergence Theory And Normalization Of Lgbt Identity, Angela Onwuachi-Willig, Alexander Nourafshan
From Outsider Status To Insider And Outsider Again: Interest Convergence Theory And Normalization Of Lgbt Identity, Angela Onwuachi-Willig, Alexander Nourafshan
Faculty Scholarship
After the Supreme Court’s decision in United States v. Windsor, which declared the federal Defense of Marriage Act (DOMA) unconstitutional,and after the granting of certiorari in Obergell v. Hodges, where the Supreme Court will decide whether the Fourteenth Amendment requires states to provide a marriage license to same-sex couples, national marriage equality seems like a legal inevitability.However, Windsor and Obergell, along with other state-level advances toward marriage equality, are not equally promising for all members of the lesbian and gay community. Although Windsor and the revolution of cases that have led to Obergell hold significant promise for one privileged subset …
Dual Subordination: Muslim Sexuality In Secular And Religious Legal Discourse In India, Aziza Ahmed
Dual Subordination: Muslim Sexuality In Secular And Religious Legal Discourse In India, Aziza Ahmed
Faculty Scholarship
Muslim women and Muslim members of the Lesbian, Gay, Bisexual, and Transgender (LGBT) community face a specific form of dual subordination in relation to their gender and sexuality. A Muslim woman might seek solace from India's patriarchal religious judicial structures only to find that the secular system's patriarchal structures likewise aid in their subordination and create a space for new forms of such subordination. Similarly, a marginalized LGBT Muslim might attempt to reject an oppressive religious formulation only to come to find that the secular Indian state might criminalize a particular form of sexuality. This analysis explores how Indian laws …
Undercover Other, Angela Onwuachi-Willig
Undercover Other, Angela Onwuachi-Willig
Faculty Scholarship
This Essay argues in favor of legally recognizing same-sex marriages by exploring the similarities in passing between members of same-sex marriages/relationships and interracial marriages/relationships. Specifically, this Essay unpacks the claim that the ability of gays and lesbians to pass as heterosexual distinguishes the ban on same-sex marriages from former bans on interracial marriages. Part I of this Essay first describes policy-based critiques of a Loving-based argument for legalizing same-sex marriage, or as one scholar has coined, of playing the Loving card by analogizing the racism that motivated anti-miscegenation statues that the Supreme Court struck down in 1967 to the anti-gay …