23 Asian Am. L.J. 5 (2016)
Is Gay the New Asian: Marriage Equality and the Dawn of a New Model Minority

handle is hein.journals/aslj23 and id is 11 raw text is: 






    Is Gay the New Asian?: Marriage Equality

    and the Dawn of a New Model Minority


                          Stewart Changt

IN TRO D U C TIO N  .............................................................................................. 5
I.ASIAN IMMIGRATION AND THE AMERICAN FAMILY: SHIFTING THE
      RHETORIC FROM EXCLUSION TO ASSIMILATION ........................... 9
      A. Family Ideation and Early Stereotypes of Asians as
           Sexualized Y ellow Peril ............................................................ 11
      B. Family Ideation and the Stereotyping of Asians as a Sexual
           M odel M inority  .....................................................................  15
II.WHY GAY IS DEFINITELY NOT THE NEW BLACK: THE EVOLUTION
      OF THE BAD QUEER INTO THE GOOD GAY .................................... 21
      A. Incrementalism and the Narrowing of Dignity .......................22
      B. Racial Implications of Incrementalism ................................... 27
III. FROM WHITEWASHING TO PINKWASHING: MODEL MINORITIES
      AND THE ENTERPRISE OF AMERICAN EXCEPTIONALISM .................. 33
IV . C O NCLUSION  ......................................................................................  37


                            INTRODUCTION
     Obergefell v. Hodges marks a decisive milestone in the United States
in the recognition of same-sex couples as equal citizens with equal rights.
In Obergefell, the United States Supreme Court held that state statutes re-
stricting marriage rights from same-sex couples were unconstitutional as
matters of due process and equal protection. Many hailed the decision as a
victory for equality in the United States, comparing Obergefell to landmark
decisions during the Civil Rights Era, including Brown v. Board of Educa-
tion and Loving v. Virginia.I Indeed, Justice Kennedy cites Loving numer-
ous times throughout the decision, and situates Obergefell within its tradi-


DOI: http://dx.doi.org/10.15779/Z383K2B
Copyright © 2016 Regents of the University of California.
    f Assistant Professor of Law, Whittier Law School and Assistant Professor of English (by cour-
tesy), Whittier College. I am grateful to Erez Aloni, Judith Daar, Sheldon Lyke, Manoj Mate, Kaipo
Matsumura, Bill Patton, Peter Reich, Betsy Rosenblatt, Stephen Hong Sohn, David Welkowitz, and
Seval Yildirim for their helpful comments, feedback, and conversation.
    I. See, e.g., Akhil Reed Amar, Anthony Kennedy and the Ghost of Earl Warren, SLATE:
OUTWARD          (July        6,         2015,         4:17        PM),
http://www.slate.com/blogs/outward/2015/07/06/obergefell-v-hodges-anthony-kennedy-continues-th
ejlegacy-of earl warren.html.

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