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Full-Text Articles in Law
Wedlocked: The Perils Of Marriage Equality – The Author Meets Her Readers, Katherine M. Franke
Wedlocked: The Perils Of Marriage Equality – The Author Meets Her Readers, Katherine M. Franke
Faculty Scholarship
You write a book and you wonder: “will anyone read it?” This Boston University Law Review Annex Symposium on Wedlocked answers my question. Not only did “someone” read the book, but those “someones” are some of the scholars I admire most, and they took the time and thought to engage Wedlocked’s arguments in this symposium. Thank you to each of the scholars who participated in this symposium, thank you to Professor Linda McClain for inviting their participation, and thank you to James Tobin, the Online Editor for the BU Law Review, for providing a home for this conversation about …
Public Sex, Same-Sex Marriage, And The Afterlife Of Homophobia, Katherine M. Franke
Public Sex, Same-Sex Marriage, And The Afterlife Of Homophobia, Katherine M. Franke
Faculty Scholarship
The summer of 2011 marked an important turning-point in the geography and politics of sex: public sex, previously a domain dominated by the specter of a hypersexualized gay man, became the province of the irresponsible, foolish, and self-destructive heterosexual man, such as Anthony Weiner. Meanwhile, homosexuals were busy domesticating their sexuality in the private domain of the family. Just as hetero-sex shamefully seeped out into the open, homo-sex disappeared from view into the dignified pickets of private kinship. In this essay I examine the panic that unfolded in connection with Representative Weiner’s tweets as a kind of afterlife of homophobia; …
Monogamy's Law: Compulsory Monogamy And Polyamorous Existence, Elizabeth F. Emens
Monogamy's Law: Compulsory Monogamy And Polyamorous Existence, Elizabeth F. Emens
Faculty Scholarship
Right now, marriage and monogamy feature prominently on the public stage. Efforts to lift prohibitions on same-sex marriage in this country and abroad have inspired people on all sides of the political spectrum to speak about the virtues of monogamy's core institution and to express views on who should be included within it. The focus of this article is different. Like an "unmannerly wedding guest," this article invites the reader to pause amidst the whirlwind of marriage talk and to think critically about monogamy and its alternatives.
The Domesticated Liberty Of Lawrence V. Texas, Katherine M. Franke
The Domesticated Liberty Of Lawrence V. Texas, Katherine M. Franke
Faculty Scholarship
In this Commentary, Professor Franke offers an account of the Supreme Court's decision in Lawrence v. Texas. She concludes that in overruling the earlier Bowers v. Hardwick decision, Justice Kennedy does not rely upon a robust form of freedom made available by the Court's earlier reproductive rights cases, but instead announces a kind of privatized liberty right that affords gay and lesbian couples the right to intimacy in the bedroom. In this sense, the rights-holders in Lawrence are people in relationships and the liberty right those couples enjoy does not extend beyond the domain of the private. Franke expresses …