16 Mich. J. Gender & L. 147 (2009-2010)
The Gay Agenda

handle is hein.journals/mjgl16 and id is 151 raw text is: THE GAY AGENDA

£jbby u/Idler*
I.    INTRODUCTION      * 147
II. FIGHTING A CULTURE WAR * 149
A. Anti-Gay Mainstays . 149
1. Judicial Decisions Invoking
Institutional Competence . 150
2. Popular Discourse of Institutional Competence            157
3. Critique of the Institutional
Competence Arguments . 159
B. The Terms ofPro-Gay Advocacy . 161
1. Normalization, Especially the
Sex-Family Distinction . 161
2. Rights, Especially Equality . 172
III. RE-IMAGINING A LAW REFORM AGENDA * 197
A. Prime Example: Homeless Adolescents . 197
B. Other (Appropriated) Examples Collected and
Thematized . 202
IV. CONCLUSION * 215
I. INTRODUCTION
This Article is designed to illuminate options that I believe have
been difficult for advocates of gay rights to imagine due to an incessant
culture war and the hard work of anti-gay forces that have kept pro-gay
advocates under persistent fire. The culture war, this paper argues, while
a fundraising boon and a media draw, compels a particular type of par-
ticipation and a particular reform agenda, eclipsing reform possibilities
that might be preferable in the long run.
From its side of the culture war, the anti-gay camp often speaks in
the language of protecting traditional family values. This elicits at least
two species of rejoinders from gay rights advocates.
Professor of Law, Northeastern University School of Law. My thanks go to Anastasia
Dubrovsky, Jeremy Fredericksen, Brittney Lacy and Rose MacKenzie for their re-
search assistance. Thanks also to many colleagues who provided useful feedback,
including Stacey Dogan, Rashmi Dyal-Chand, Taylor Flynn, Janet Halley, Wendy
Parmet, Dean Spade, fellow participants in the series of workshops entitled Up
Against Family Law Exceptionalism, sponsored by the Program on Law and Social
Thought at Harvard Law School, and participants in the Faculty Colloquium at
Northeastern University School of Law.

147

What Is HeinOnline?

With comprehensive coverage of government documents and more than 2,400 journals from inception on hundreds of subjects such as political science, criminal justice, and human rights, HeinOnline is an affordable option for colleges and universities. Documents have the authority of print combined with the accessibility of a user-friendly and powerful database.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Already a HeinOnline Subscriber?