22 Mich. J. Gender & L. 291 (2015)
Bridging Bisexual Erasure in LGBT-Rights Discourse and Litigation

handle is hein.journals/mjgl22 and id is 301 raw text is: 



BRIDGING BISEXUAL ERASURE IN LGBT-RIGHTS
              DISCOURSE AND LITIGATION

                   1\(ancy C, (-farcus,  LL.M,   S.J.D.*

          LGBT   rights are at the forefront of current legal news, with
     'kay marriage and other gay issues visible beyond dispute in social
     and legal discourse in the 21st Century. Less visible are the bisexuals
     who are supposedly encompassed   by the umbrella phrase  LGBT
     and by LGBT-rights  litigation, but who are often left out ofLGBT-
     rights discourse entirely. This Article examines the problem of bisex-
     ual invisibility and erasure within LGBT-rights litigation and legal
     discourse. The Article surveys the bisexual erasure legal discourse to
     date, and examines  the causes of bisexual erasure and its harmful
     consequences for bisexuals, the broader LGBT community,   andju-
     risprudential integrity as a whole. This Article contributes to the
     bisexual erasure discourse through a unique examination of bisexual
     erasure through a survey of relevant terminology  in LGBT-rights
     cases, including and beyond recent same-sex marriage litigation. The
     study documents an almost complete systemic erasure of bisexuals in
     briefings and opinions, including an  absence of any  mention   of
     bisexuals by majority opinions in cases where the briefings have set a
     tone of bi erasure by arguing alternatively for 'kay and  lesbian
     rights, gay marriage, or same-sex marriage,  while completely
     omitting reference to bisexuals. In addition to documenting the ab-
     sence of bisexuals in litigation documents (despite the actualpresence
     of bisexuals as litigants), this Article compiles anecdotal evidence of
     bisexual erasure by attorneys, courts, and the media.
          The time is overdue for more widespread inclusion of bisexual-
    ity in LGBT-rights  discourse and litigation. Increased bisexual in-


    * Founding Constitutional Law Professor, Assistant Professor of Law, Indiana Tech
    Law  School. B.A., James Madison College at Michigan State University, J.D. Case
    Western  Reserve University School of Law, LL.M. University of Wisconsin Law
    School, S.J.D. University of Wisconsin Law School. This Article is dedicated to the
    original bisexual erasure scholars, Professors Ruth Colker, Naomi Mezey, and Kenji
    Yoshino, who  first brought this dialogue to legal academia at the close of the
    twentieth century; to my original BiLaw co-founders Diana Adams, Toby Adams,
    Heron  Greenesmith, and Ilona Turner; to our fellow BiLawrriors, the members of
    BiLaw,  who are growing in number every day (and please do not hesitate to contact
    me   if you are reading this and would like to get involved); and to the National
    LGBT Bar Association,  which has helped pave the path in recent years toward
    greater bisexual inclusion in LGBT-rights discourse and litigation, as described in
    this Article.


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