From Presumed Fathers to Lesbian Mothers: Sex Discrimination and the Legal Construction of Parenthood

In Part I of this article, Dalton briefly reviews the way legal scholars commonly define sex-based discrimination, particularly as it pertains to issues of reproduction. Part II is a brief historical review of legal constructions of parenthood. In Part III, Dalton examines two legal concepts: retroactive legitimation and presumed fatherhood. Both concepts were introduced in 1872 and each independently encouraged judges to think of fatherhood as consisting of two distinct spheres, the biological and the social. She then traces the legal development of these concepts through a series of presumed father, retroactive legitimation, and putative father cases. In Part IV Dalton extends the analysis to include legal constructions of motherhood by introducing lesbian co-mother and female surrogacy cases into the mix. This allows the author to directly compare legal constructions of motherhood to legal constructions of fatherhood. In Part V Dalton discusses gendered aspects of the legal institution of marriage and the complicated role marriage plays in legal constructions of parenthood. In Part VI she delves into several recent lesbian co-mother and surrogacy cases to explore how some judges are attempting to expand legal constructions of motherhood in ways that would bring them more on par with legal constructions of fatherhood. And finally, in Part VII, Dalton offers final remarks and concludes that judges\u27 inability to conceive of a gender neutral subject, at least when considering issues related to human reproduction, creates serious legal disadvantages for virtually all women. As the analysis below makes clear, the resulting discrimination is grounded in gendered constructions of parenthood and not, as many courts conclude, in the biological differences between men and women

From Presumed Fathers to Lesbian Mothers: Sex Discrimination and the Legal Construction of Parenthood

In Part I of this article, Dalton briefly reviews the way legal scholars commonly define sex-based discrimination, particularly as it pertains to issues of reproduction. Part II is a brief historical review of legal constructions of parenthood. In Part III, Dalton examines two legal concepts: retroactive legitimation and presumed fatherhood. Both concepts were introduced in 1872 and each independently encouraged judges to think of fatherhood as consisting of two distinct spheres, the biological and the social. She then traces the legal development of these concepts through a series of presumed father, retroactive legitimation, and putative father cases. In Part IV Dalton extends the analysis to include legal constructions of motherhood by introducing lesbian co-mother and female surrogacy cases into the mix. This allows the author to directly compare legal constructions of motherhood to legal constructions of fatherhood. In Part V Dalton discusses gendered aspects of the legal institution of marriage and the complicated role marriage plays in legal constructions of parenthood. In Part VI she delves into several recent lesbian co-mother and surrogacy cases to explore how some judges are attempting to expand legal constructions of motherhood in ways that would bring them more on par with legal constructions of fatherhood. And finally, in Part VII, Dalton offers final remarks and concludes that judges\u27 inability to conceive of a gender neutral subject, at least when considering issues related to human reproduction, creates serious legal disadvantages for virtually all women. As the analysis below makes clear, the resulting discrimination is grounded in gendered constructions of parenthood and not, as many courts conclude, in the biological differences between men and women

Living With a Disability: A Gateway to Practicing Forgiveness and Compassion

Forgiveness and compassion are two helpful approaches toward reducing the emotional, psychological, and spiritual anxiety brought about by negative and harmful experiences. Disability, forgiveness, and compassion are terms that may not be thought of in relation to one another, but here the authors introduce the idea that the experience of living with a disability can be an opportunity to practice forgiveness or compassion, whether directed toward one’s self or toward others. Forgiveness and compassion are similar yet unique practices that influence the emotional well-being. The experience of disability includes both the disabling life event (in the case of acquired disabilities) and the many micro aggressions that the disabled experience over time. It is the authors’ belief that forgiveness and compassion are tools applicable to people with disabilities that may be used as a means for personal growth and healing. These tools can benefit not only people with disabilities, but also their loved ones and all those they encounter in life

Forgiveness and Disability: Reconsideration of Forgiveness as a Vital Component of the Rehabilitation Counseling Profession

Forgiveness and self-forgiveness is an area of growing interest in the allied helping professions. In recent years, the study of forgiveness has been expanded to a number of different populations. However, forgiveness as a construct, a model of understanding to cope with difficult and hurtful people, and as an intervention has not been fully considered and explored in the rehabilitation counseling profession. To help rehabilitation counseling professionals better understand the importance of forgiveness as it relates to disability, this article explains the meaning of forgiveness and self-forgiveness, barriers that inhibit the development of forgiveness, models of forgiveness, and empirical research supporting the utility of forgiveness. Following this, professionals are given information about how forgiveness may relate to the needs of persons with disabilities and professional implications for practice

The Therapeutic Triad of Disability

For many counseling professionals, the exploration of forgiveness, selfcompassion or resilience can seem daunting, particularly when determining ways to apply these concepts to people with disabilities and their specific needs. When approaching this task, counselors may ask themselves several questions, including: Where do I start? Which concept is most important? Is one of them more relevant for this population? How can I best help people explore one or all of these concepts? Good questions indeed but not always easy ones to answer. To help counselors understand each of these concepts, the three authors of this article developed a model called the therapeutic triad of disability. The therapeutic triad provides counselors a means with which to consider one or all of these approaches as a gateway to healing and a pathway to hope for clients

Engendering the republic of letters : reconnecting public and private spheres in eighteenth-century Europe

Thèse numérisée par la Direction des bibliothèques de l'Université de Montréal

Application of forgiveness in rehabilitation psychology: a positive option for change

Throughout the past 25 years, forgiveness has been a part of psychology and studied within many populations. However, forgiveness has not been considered nor promoted as a helpful skill or approach when counseling persons with disabilities or in the rehabilitation counseling/psychology profession at large. In an effort to change this trend by educating the profession on the importance and relevance of forgiveness to the practice of rehabilitation psychology, readers are afforded the opportunity to learn about forgiveness, its application and relevance to persons with disabilities, and to further their understanding of how forgiveness can be conceptualized and explored. Provided in this article is a proposed forgiveness model which can be used to assist professionals in the exploration of forgiveness among the people they serve. Following this model is an applied case study and professional implications

Exploration of a resilience intervention among women with disabilities: an examination of two case studies

People who live with a disability are faced with the prospect of adjusting to the disability and its associated life experiences. Many people encounter negative and hurtful situations such as unemployment, lack of adequate resources, changes in relationships and social support, negative societal attitudes, bias, and discrimination, and so forth. Women with disabilities are subject to these same negative encounters, but they often experience several others based on their gender (i.e., higher rates of abuse, poverty, and financial independence). Given the likelihood that women may experience additional stressors with fewer supports in place, professionals must focus on the needs of women with disabilities and the sources of support. To meet this important need, two case studies are presented. The case studies are comprised of two women living with varying disabilities who completed Stuntzner and Hartley’s.110-module resilience intervention. The women share information about their experience in working through the resilience intervention and in learning resilience-based skills to help them deal with their initial concerns and stressors. Both women reported decreases in depression and anxiety and increases in resilience and forgiveness as a result of working through the interventio