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Sexuality and the Law

Columbia Law School

Faculty Scholarship

2023

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Practicing Queer Legal Theory Critically, Kendall Thomas Jan 2023

Practicing Queer Legal Theory Critically, Kendall Thomas

Faculty Scholarship

This introduction to the Critical Analysis of Law special issue on queer legal studies excavates three conjugal artifacts: an academic manuscript delineating interracial and same-sex marriages as loci of state surveillance and unfreedom; a TED Talk on same-sex marriage as irrefutably queer; and the United States Supreme Court decision holding same-sex marriage a constitutional right. These artifacts, along with their singular referent (state-sanctioned marriage), point to what is or should be critical about the interdiscipline of queer legal studies: theorization not only of the subjectification of subjects of gender and sexual regulation (spouses, singles, you and me), but also theorization …