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Courting Change - Queer Parents, Judges, and the Transformation of American Family Law (Paperback)
Loot Price: R656
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Courting Change - Queer Parents, Judges, and the Transformation of American Family Law (Paperback)
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Winner of the 2010 Pacific Sociological Association Distinguished
Contribution to Scholarship Award A lesbian couple rears a child
together and, after the biological mother dies, the surviving
partner loses custody to the child's estranged biological father.
Four days later, in a different court, judges rule on the side of
the partner, because they feel the child relied on the woman as a
"psychological parent." What accounts for this inconsistency
regarding gay and lesbian adoption and custody cases, and why has
family law failed to address them in a comprehensive manner? In
Courting Change, Kimberly D. Richman zeros in on the nebulous realm
of family law, one of the most indeterminate and discretionary
areas of American law. She focuses on judicial decisions-both the
outcomes and the rationales-and what they say about family, rights,
sexual orientation, and who qualifies as a parent. Richman
challenges prevailing notions that gay and lesbian parents and
families are hurt by laws' indeterminacy, arguing that, because
family law is so loosely defined, it allows for the flexibility
needed to respond to-and even facilitate - changes in how we
conceive of family, parenting, and the role of sexual orientation
in family law. Drawing on every recorded judicial decision in gay
and lesbian adoption and custody cases over the last fifty years,
and on interviews with parents, lawyers, and judges, Richman
demonstrates how parental and sexual identities are formed and
interpreted in law, and how gay and lesbian parents can harness
indeterminacy to transform family law.
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