Gay Priori: A Queer Critical Legal Studies Approach to Law Reform

289 Pages·2018·14.76 MB·English

by  Libby Adler

Gay Priori
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Gay Priori
A Queer Critical L egal Studies Approach to Law Reform
libby adler
Duke University Press / Durham and London / 2018
© 2018 duke university press / All rights reserved
Printed in the United States of Amer ic a on acid- free paper ∞
Text designed by Courtney Leigh Baker.
Cover design and illustration by Julienne Alexander.
Typeset in Garamond Premier Pro by
Westchester Publishing Services
Library of Congress Cataloging- in- Publication Data
Names: Adler, Libby S., [date] author.
Title: Gay priori : a queer critical l egal studies approach to law
reform / Libby Adler.
Description: Durham : Duke University Press, 2018. | Includes
bibliographical references and index.
Identifiers: lccn 2017043523 (print)
lccn 2017047661 (ebook)
isbn 9780822371663 (ebook)
isbn 9780822371182 (hardcover : alk. paper)
isbn 9780822371496 (pbk. : alk. paper)
Subjects: lcsh: Gays— Legal status, laws, etc.— United States. |
Homo sexuality— Law and legislation— United States. | Law
reform— United States. | Sexual minorities— United States—
Social conditions. | Marginality, Social— Economic aspects—
United States.
Classification: lcc kf4754.5 (ebook) | lcc kf4754.5 .a35 2018
(print) | ddc 342.7308/7— dc23
lc rec ord available at https:// lccn . loc . gov / 2017043523
For José and Natalie
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Contents
Acknowle dgments / ix
Introduction / 1
part i. LGBT Equal Rights Discourse
1. The Indeterminacy Trap / 19
2. The LGBT Rights- Bearing Subject / 60
3. Reformist Desire / 100
part ii. A Step Off the Well- Lit Path
4. Bringing Legal Realism to Po liti cal Economy / 145
5. Making the Distributive Turn / 175
Conclusion / 212
Notes / 217
Bibliography / 247
Index / 259
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Acknowl edgments
I wish I knew a word that encompassed the meanings “beloved friend,” “in-
dispensable colleague,” and “intellectual and po liti cal ally.” If such a term does
exist, it describes three people in my life to whom— and for whom— I am end-
lessly grateful.  Janet Halley has been providing wisdom, comradeship, and
unbelievable food for many years. She advanced this proj ect in one thousand
ways, from inception to fruition. It is impossible to overstate the value of her
support to me personally or to the academic scene in which I do most of my
learning. Aziza Ahmed was a find- and- a- half.  Time and again, she noncha-
lantly and (it often seems) unintentionally teaches me something crucially
impor tant while going about the business of her smart, gutsy, and po liti cally
engaged work and conducting herself in a generous fashion that comes so natu-
rally to her you could almost not notice it.  Rashmi Dyal- Chand is my sister-
from- another- mister.   Every facet of my job is more gratifying b ecause we are
on the same team. She always can be counted on to have more confidence in
me than I have in myself and her loyalty is more stalwart than anyone is entitled
to expect. The constant dialogue I have enjoyed with these cherished friends
enriches my work and my life.
Karl Klare was generous with me far beyond the call of duty, providing care-
ful notes and talking over ideas literally for hours. Karl was my Torts professor
in 1991. I thought at the time that he was the best teacher I had ever had, inspir-
ing my deep plea sure in the study of law. More than twenty- five years later, it
remains true.
Margaret Burnham, Daniel Medwed, Lucy Williams, Gabriel Arkles, and
Michael Boucai all gave me helpful comments and led me to impor tant sources.
Suzanna Walters and Jyoti Puri read drafts, provided enormously helpful feed-
back, and aided me greatly in addressing my audience.
I presented portions of the manuscript and received impor tant comments
at the Northeastern University School of Law faculty colloquium, especially