ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Academic

: Legal Theory Blog

Poirier on Same Sex Marriage & Gender as Performance

By Lawrence Solum

ADVERTISEMENTS

Marc R. Poirier (Seton Hall University - School of Law) has posted Gender, Place, Discursive Space: Where is Same-Sex Marriage? (Florida International University Law Review, Vol. 3, No. 2, p. 307, 2008) on SSRN. Here is the abstract:

    Performances of stigmatized or transgressive identity have the potential to transform, at one and the same time, an individual's sense of identity, the character of specific places and spaces where identity is performed and seen and responded to, shared social norms of identity, and the legal rules governing identity and identity performances in specific territorial jurisdicitons. This Article addresses these linked identity processes, focusing on the performances of same-sex couples as married. This Article first introduces the idea of gender as performance and the concepts of place and discursive space, especially as these concern the visiblity of GLBTQ individuals and issues. It then asks the question 'Where is same-sex marriage?' It considers four approaches to this place/space question. They are based on territorial jurisdiction; an aterritorial nomos of discourse; the location of a specifc wedding or civil union; and the microperformances of couples as married in everyday life. With this discussion in mind, the Article argues that we too often overlook the function of the places and spaces in which people must interact around identity. 'Asking the place/space question' systematically would enrich our theory, doctrine, and practice. We might put to better use the insights of several disciplines that consider identity as microperformance. In addition, asking the place/space question illuminates how broad claims to 'equal citizenship' are brought to bear on specific controversies and interactions that exclude or stigmatize individuals. Marriage is one practice of citizenship, and exclusion from marriage creates a sense of second-class status. More generally, GLBTQ folk face exclusion or stigmatization in a wide variety of places and spaces. Their claims of a right to membership are mediated through a number of disparate legal doctrines that address specific acts of exclusion or stigmatization as they occur in various types of places and spaces. We can use the place/space question to develop a tiered description of the praxis of deploying an assortment of legal doctrines to challenge this host of specific acts of exclusion, in the service of an overarching sense of inclusive citizenship.

Full post as published by Legal Theory Blog on June 22, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0022 secs (from cache 11/03/26 07:14:56)