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Parenting without Protection: How Legal Status Ambiguity Affects Lesbian and Gay Parenthood

Published online by Cambridge University Press:  27 December 2018

Alison Gash  and
Judith Raiskin
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Abstract

Through the lens of lesbian and gay parenthood we ask how individuals who experience “legal status ambiguity”—that which emerges when legal fluctuations combine with divided attitudes, ignorance of the law, and autonomous institutional gatekeepers—exercise their legal rights and responsibilities. The results from thirty-one interviews with lesbian and gay parents in Oregon and their six adult children suggest that the state's fluctuating legal and social climates for lesbian and gay parenting between 1985 and 2013 presented significant challenges for two generations of same-sex parents. Although both cohorts created and utilized a range of legal and social mechanisms to assert their legal rights, they found these rights to be controlled as much by gatekeeper perspectives as by legal force. After the 2015 Obergefell ruling on marriage equality, lesbian and gay parenting status remains a site of ongoing legal and social contestation, providing insight into the risks and challenges of legal status ambiguity.

Type
Articles
Information
Law & Social Inquiry , Volume 43 , Issue 1 , Winter 2018 , pp. 82 - 118
Copyright
Copyright © American Bar Foundation, 2018 

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References

References

Abrego, Leisy. 2014. Sacrificing Families: Navigating Laws, Labor, and Love Across Borders. Palo Alto, CA: Stanford University Press.Google Scholar
Agigian, Amy. 2004. Baby Steps: How Lesbian Alternative Insemination Is Changing the World. Middletown, CT: Wesleyan University Press.Google Scholar
Badgett, M. V. Lee. 2009. When Gay People Get Married: What Happens when Societies Legalize Same‐Sex Marriage. New York: New York University Press.Google Scholar
Barabak, Mark Z. 2012. Gays May Have the Fastest of All Civil Rights Movements. Los Angeles Times, March 5. http://articles.latimes.com/2012/may/20/nation/la-na-gay- rights-movement-2012052 (accessed May 12, 2016).Google Scholar
Bumiller, Kristin. 1987. Victims in the Shadow of the Law: A Critique of the Model of Legal Protection. Signs 12:421–39.Google Scholar
Bybee, Keith. 2000. The Political Significance of Legal Ambiguity: The Case of Affirmative Action. Law & Society Review 34:263–90.Google Scholar
Collins, Patricia Hill. 1994. Shifting the Center: Race, Class, and Feminist Theorizing about Motherhood. In Mothering: Ideology, Experience and Agency, ed. Glenn, Evelyn Nakano, Chang, Grace, and Forcey, Linda Rennie, 45–65. New York: Routledge.Google Scholar
Collins, Patricia Hill. 1998. Intersections of Race, Class, Gender, and Nation: Some Implications for Black Family Studies. Journal of Comparative Family Studies, 29 (1): 27–36.Google Scholar
Edelman, Lauren, Patterson, Stephen, Chambliss, Elizabeth, and Erlanger, Howard. 1991. Legal Ambiguity and the Politics of Compliance: Affirmative Action Officers' Dilemma. Law & Policy 13 (1): 73–97.Google Scholar
Engel, Stephen M. 2016. Fragmented Citizens: Changing Recognition of Gay and Lesbian Lives. New York: New York University Press.Google Scholar
Ewick, Patricia, and Susan S, Silbey. 1998. The Common Place of Law: Stories from Everyday Life. Chicago: University of Chicago Press.Google Scholar
Fujiwara, Lynn. 2008. Mothers without Citizenship: Asian Immigrant Families and the Consequences of Welfare Reform. Minneapolis, MN: University of Minnesota Press.Google Scholar
Gash, Alison. 2015a. Below the Radar: How Silence Can Save Civil Rights. NewYork: Oxford University Press.Google Scholar
Gash, Alison. 2015b. Gay Parenting in a Post‐Obergefell World. Washington Monthly, July 8.Google Scholar
Gash, Alison. 2015c. When It Comes to Custody Battles, Marriage Equality Still Has a Ways to Go. Washington Monthly, October 15.Google Scholar
Gash, Alison, and Yamin, Priscilla. 2016. State, Status and the American Family. Polity 48:146–64.Google Scholar
Gay and Lesbian Advocates and Defenders (GLAD). 2005. Bibliography of Adoption Cases. October 21. http://www.glad.org (accessed July 1, 2010).Google Scholar
Hull, Kathleen E. 2003. The Cultural Power of Law and the Cultural Enactment of Legality: The Case of Same‐Sex Marriage. Law & Social Inquiry 28:629–57.Google Scholar
Hull, Kathleen E. 2006. Same‐Sex Marriage: The Cultural Politics of Love and Law. New York: Cambridge University Press.Google Scholar
Huffington Post. 2013. Fleur Cakes, Oregon Bakery, Turns Away Lesbian Couple Seeking Wedding Cake. Huffington Post, May 15. http://www.huffingtonpost.com/2013/05/15/fleur-cakes-gay-wedding-oregon_n_3279833.html (accessed May 12, 2016).Google Scholar
Jones, Robert Patrick, Cox, Daniel, and Navarro‐Rivera, Juhem. 2014. A Shifting Landscape: A Decade of Change in American Attitudes about Same‐Sex Marriage and LGBT Issues. Public Religion Research Institute. http://publicreligion.org/. research/2014/02/2014‐lgbtsurvey/#.VzYGePD3arU (accessed May 12, 2016).Google Scholar
Knickerbocker, Brad. 2015. Gay Pride Day Celebrates Rapidly Accelerating Advances in Gay Rights. Christian Science Monitor, June 28. http://www.csmonitor.com/USA/Society/2015/0628/Gay-Pride-Day-celebrates-rapidly-accelerating-advances-in-gay-rights (accessed May 12, 2016).Google Scholar
Lau, Estelle T. 2006. Paper Families: Identity, Immigration Administration, and Chinese Exclusion. Durham, NC: Duke University Press.Google Scholar
Margolin, Emma. 2014. How Hobby Lobby Will Reverberate through the LGBT Community. MSNBC, July 10. http://www.msnbc.com/msnbc/hobby-lobby-reverberate-throughout-lgbt-community (accessed May 12, 2016).Google Scholar
Mezey, Susan Gluck. 2009. Gay Families and the Courts: The Quest for Equal Rights. New York: Rowman & Littlefield.Google Scholar
Michael, Eleanor. 2004. Approaching Same‐Sex Marriage: How Second Parent Adoption Cases Can Help Courts Achieve the ‘Best Interests of Same‐Sex Family.' Connecticut Law Review 36: 1439–74.Google Scholar
Mink, Gwendolyn. 1998. Welfare's End. Ithaca, NY: Cornell University Press.Google Scholar
Moore, Mignon R. 2011. Invisible Families: Gay Identities, Relationships, and Motherhood among Black Women. Berkeley, CA: University of California Press.Google Scholar
National Center for Lesbian Rights. 2015. Adoption by LGBT Parents. http://www.nclr.org (accessed May 5, 2016).Google Scholar
Paulson, Michael. 2014. Can't Have Your Cake, Gays Are Told, and a Rights Battle Rises. New York Times, Dec. 15. http://www.nytimes.com/2014/12/16/us/cant-have-your-cake-gays-are-told-and-a-rights-battle-rises.html?_r=0 (accessed May 12, 2016).Google Scholar
Pew Research Center. 2015. Changing Attitudes on Gay Marriage. July 29. http://www.pewforum.org/2016/05/12/changing-attitudes-on-gay-marriage/ (accessed May 12, 2016).Google Scholar
Pierceson, Jason. 2014. Same‐Sex Marriage in the United States: The Road to the Supreme Court and Beyond. New York: Rowman & Littlefield.Google Scholar
Polikoff, Nancy D. 2008. Beyond Straight and Gay Marriage: Valuing All Families Under the Law. Boston, MA: Beacon Press.Google Scholar
Richman, Kimberly. 2008. Courting Change: Queer Parents, Judges, and the Transformation of American Family Law. New York: New York University Press.Google Scholar
Riggle, Ellen, Rostosky, Sharon, and Horne, Sharon. 2010. Psychological Distress, Well‐Being, and Legal Recognition in Same‐Sex Couple Relationships. Journal of Family Psychology 24 (1): 82–86.Google Scholar
Rivers, Daniel. 2015. Radical Relations: Lesbian Mothers, Gay Fathers and Their Children in the United States since World War II. Chapel Hill, NC: University of North Carolina Press.Google Scholar
Roberts, Dorothy. 1997. Killing the Black Body: Race, Reproduction and the Meaning of Liberty. New York: Pantheon Books.Google Scholar
Roeder, Oliver. 2015. A Brief History of Gay Rights at the Supreme Court. Five‐Thirty‐Eight, June 28. http://fivethirtyeight.com/datalab/a-brief-history-of-gay-rights-at-the-supreme-court/ (accessed May 12, 2016).Google Scholar
Sarat, Austin, and Kearns, Thomas R., eds. 2009. Law in Everyday Life. Ann Arbor, MI: University of Michigan Press.Google Scholar
Schacter, Jane S. 2000. Constructing Families in a Democracy: Courts, Legislatures and Second Parent Adoptions. Chicago‐Kent Law Review 75: 933–50.Google Scholar
Solinger, Rickie. 2005. Pregnancy and Power: A Short History of Reproductive Politics in America. New York: New York University Press.Google Scholar
Stack, Carol. 1974. All Our Kin: Strategies for Survival in a Black Community. New York: Harper and Row.Google Scholar
Stein, Arlene. 2001. The Stranger Next Door: The Story of a Small Community's Battle over Sex, Faith and Civil Rights. Boston, MA: Beacon Press.Google Scholar
Stein, Arlene. 2013. Who's Your Daddy? Intimacy, Recognition and the Queer Family Story. In Intimacies: A New World of Relational Life, ed. Frank, Alan, Clough, Patricia, and Seidman, Steven, 206–22. New York: Routledge.Google Scholar
Stone, Amy L. 2012. Gay Rights at the Ballot Box. Minneapolis, MN: University of Minnesota Press.Google Scholar
USA Today. 2015. Poll Shows Slight Dip in Gay Marriage Support Since Supreme Court Ruling. July18. http://www.usatoday.com/story/news/nation/2015/07/18/ap-poll-sharp-divisions-after-high-court-backs-gay-marriage/30341661/ (accessed May 12, 2016).Google Scholar
Whittington, Keith E. 1999. Constitutional Construction: Divided Powers and Constitutional Meaning. Cambridge, MA: Harvard University Press.Google Scholar
Zavella, Patricia. 2011. I'm Neither Here nor There: Mexicans' Quotidian Struggles with Migration and Poverty. Durham, NC: Duke University Press.Google Scholar
Buntemeyer v. Iowa Department of Public Health, No. CV 9041, December 12, 2012.Google Scholar
Conover v. Conover, Court of Special Appeals of Maryland, No. 2099, August 26, 2015.Google Scholar
Gartner v. Iowa Department of Public Health, No. 12–0243, May 3, 2013.Google Scholar
Li et al v. State of Oregon, April 14, 2005.Google Scholar
Merrick v. Board of Higher Education, 116 Or App 258 (1992).Google Scholar
Nadler v. Superior Court, (1967) 255 Cal. App. 2D 524.Google Scholar
Obergefell v. Hodges, 135 S. Ct. 2071, 191 L. Ed. 2d 953, 576 U.S. (2015).Google Scholar
Paczkowski v. Paczkowski, Family Court, Nassau County, New York, June 30, 2014.Google Scholar
Schuster v. Schuster, (1978). 90 Wn.2d 626 (1978).Google Scholar
U.S. v. Windsor, 133 S.Ct. 2675 (2013).Google Scholar
Buntemeyer v. Iowa Department of Public Health, No. CV 9041, December 12, 2012.Google Scholar
Conover v. Conover, Court of Special Appeals of Maryland, No. 2099, August 26, 2015.Google Scholar
Gartner v. Iowa Department of Public Health, No. 12–0243, May 3, 2013.Google Scholar
Li et al v. State of Oregon, April 14, 2005.Google Scholar
Merrick v. Board of Higher Education, 116 Or App 258 (1992).Google Scholar
Nadler v. Superior Court, (1967) 255 Cal. App. 2D 524.Google Scholar
Obergefell v. Hodges, 135 S. Ct. 2071, 191 L. Ed. 2d 953, 576 U.S. (2015).Google Scholar
Paczkowski v. Paczkowski, Family Court, Nassau County, New York, June 30, 2014.Google Scholar
Schuster v. Schuster, (1978). 90 Wn.2d 626 (1978).Google Scholar
U.S. v. Windsor, 133 S.Ct. 2675 (2013).Google Scholar