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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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