Courting Change: Queer Parents, Judges, and the Transformation of American Family Law

279 Pages·2008·2.748 MB·English

by  Kimberly D. Richman

Courting Change
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Courting
Change
Queer Parents, Judges,
and the Transformation of
American Family Law
Kimberly D. Richman
(cid:4)
NEW YORK UNIVERSITY PRESS
New York and London
new york university press
New York and London
www.nyupress.org
© 2009 by New York University
All rights reserved
Library of Congress Cataloging-in-Publication Data
Richman, Kimberly D.
Courting change : queer parents, judges, and the transformation of American family law /
Kimberly D. Richman.
p. cm.
Includes bibliographical references and index.
ISBN-13: 978–0–8147–7595–0 (cl : alk. paper)
ISBN-10: 0–8147–7595–0 (cl : alk. paper)
1. Gay parents—Legal status, laws, etc.—United States. I. Title.
KF540.R53 2008
346.7301’7—dc22 2008025479
New York University Press books are printed on acid-free paper, and
their binding materials are chosen for strength and durability. We strive
to use environmentally responsible suppliers and materials to the greatest
extent possible in publishing our books.
Manufactured in the United States of America
10 9 8 7 6 5 4 3 2 1
In loving memory of my grandparents,
Rose Seifert Treiber and Louis Treiber
and
Dedicated to all of the courageous mothers
and fathers whose children have been taken from
them because of who they are and who they love.
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Contents
Acknowledgments ix
1 A Double-Edged Sword? Indeterminacy and Family Law 1
2 At the Intersection of Sexuality, Family, and Law 19
3 Negotiating Parental and Sexual Identity 43
4 Right or Wrong? The Indeterminacy 83
of Custody and Adoption Rights
5 Talking Back: Judicial Dissents and Social Change 123
6 Conclusion: Mastering the Double-Edged Sword 153
Appendix 1: Case Names and Citations 179
Appendix 2: Interview Questions for Attorneys 189
Appendix 3: Interview Questions for Judges 191
Appendix 4: Interview Questions for Parents 195
Appendix 5: List of Interviews 197
Notes 199
References 229
Index 239
About the Author 267
vii
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Acknowledgments
I began this project at the University of California–Irvine’s
Department of Criminology, Law and Society. I benefited enormously
from the excellent faculty and intellectual community of graduate stu-
dents there, and particularly from Valerie Jenness, Kitty Calavita, and
John Dombrink, as well as Ryken Grattet of UC-Davis. I am especially
thankful to Kitty Calavita, whose intelligence and keen analytical eye
enriched this project from the beginning, and to Valerie Jenness, my men-
tor and friend, whose contributions not only to this project but to my
development as a scholar are too numerous to count. Even after graduate
school, Val has continued to be a trusted source of advice and support.
Many other scholars contributed valuable feedback, insight, and
ideas at various stages of the development of this book, or in partic-
ular chapters. These include Jonathan Goldberg-Hiller, Richard Leo,
Bill Maurer, Peter Nardi, Laura Beth Nielsen, Dan Pinello, Joe Rollins,
Cliff Rosky, Austin Sarat, Julie Shapiro, Jonathan Simon, Susan Sterett,
George Thomas, Bill Thompson, Martha Umphrey, Valerie Zukin, and
participants in the 2000 and 2001 LSA Graduate Student Workshops in
Miami and Budapest, as well as the 2003 LSA Summer Institute at UC
Berkeley. I am grateful to the editors and anonymous reviewers at Law
& Society Review, Law & Social Inquiry, and Law & Sexuality, who
provided valuable feedback on articles that served as precursors to some
of the chapters in this book. I also thank Elizabeth Knoll, Josh Gamson,
and anonymous reviewers at NYU Press for their valuable feedback on
my book proposal and early conceptions of the book. Thanks finally to
Bill Benemann at the Bancroft Library at UC Berkeley for coordinating
access to case materials.
Crucial financial support was provided by a grant from the National
Science Foundation (Grant #SES-0004287), as well as from the Ameri-
can Sociological Association, the University of California, and the Uni-
ix
x | Acknowledgments
versity of San Francisco. I am deeply indebted to Dean Jennifer Turpin
and the University of San Francisco for granting the sabbatical leave
that allowed me to complete the book. I am also grateful for the writing
retreats and welcoming work environment provided by the University of
San Francisco, and especially my colleagues in the Department of Sociol-
ogy—I am thankful every day to be surrounded by such amazing people,
and for the opportunity to work with colleagues who are truly friends.
Thanks in particular to Stephanie Sears and Josh Gamson for their sup-
port, emotional and otherwise, during the book-writing process. I am
also appreciative of the hard work of Shona Doyle and Amy Joseph, who
have made my work life infinitely easier with their professionalism and
warmth, and the diligent research assistance of Courtney Krametbauer,
Sarah Takahama, Erin Vuksich, and Eric Asmar.
Thanks to NYU Press, Gabrielle Begue, Despina Papazoglou Gimbel,
and particularly Deborah Gershenowitz for their dedication to this book
from the start. Deborah has been nothing but supportive and encourag-
ing as an editor and has advocated consistently for me, even while deal-
ing with her own important life events. Her excitement is infectious and
has helped motivate me to write, even when my energy flagged.
Books don’t get written without the often intangible but invaluable
support of family and friends. I thank my family for their love and
encouragement and for understanding when I was incommunicado
for weeks on end. My parents, Judith Treiber and Peter Richman, and
stepparents, Danny Esquibel and Susan Richman, and my sisters, Sta-
cey Richman-Arnold and Jessica Richman, have never wavered in their
confidence in me or their support for this enterprise. My close friends
(too numerous to list—you know who you are) have selflessly listened
as I griped about writer’s block and offered valuable and much-appre-
ciated encouragement. I am grateful to the members of the San Quentin
TRUST for the Development of Incarcerated Men, who allowed me a
seven-month leave of absence as their Executive Advisor while I com-
pleted this book and were unquestioningly supportive. I also thank the
staff at Samovar Tea Lounge in San Francisco for their hospitality and
sustenance during the writing process.
Most important, I owe a deep debt of gratitude to all the attorneys,
judges, activists, and parents who generously provided legal materials
and referrals or agreed to be interviewed for this project. These include
Roberta Achtenberg, Michael Adams, Robin Berkovitz, Beverly Collins,
Kate Coyne, Kathy Crandall, Beatrice Dohrn, Steve Drizin, Julie Eldridge,