Anti-Gay Curriculum Laws

Since the Supreme Court’s invalidation of anti-gay marriage laws, scholars and advocates have begun discussing what issues the LGBT movement should prioritize next. This article joins that dialogue by developing the framework for a national campaign to invalidate anti-gay curriculum laws—statutes that prohibit or restrict the discussion of homosexuality in public schools. These laws are artifacts of a bygone era in which official discrimination against LGBT people was both lawful and rampant. But they are far more prevalent than others have recognized. In the existing literature, scholars and advocates have referred to these provisions as “no promo homo” laws and claimed that they exist in only a handful of states. Based on a comprehensive survey of federal and state law, this article shows that anti-gay provisions exist in the curriculum laws of twenty states, and in several provisions of one federal law that governs the distribution of $75 million in annual funding for abstinence education programs. In light of the Supreme Court’s rulings in four landmark gay rights cases, these laws plainly violate the Constitution’s equal protection guarantees, because they are not rationally related to any legitimate governmental interests. For the moment, however, federal and state officials still have the legal authority to enforce these laws, because no court has enjoined them from doing so. By challenging one of the country’s last vestiges of state-sponsored homophobia, advocates can help to protect millions of students from stigmatization and bullying, giving them an opportunity to thrive in our nation’s public schools

Census Snapshot: Minnesota

Using data from the U.S. Census Bureau, this report provides demographic and economic information about same-sex couples and same-sex couples raising children in Minnesota. We compare same-sex "unmarried partners," which the Census Bureau defines as an unmarried couple who "shares living quarters and has a close personal relationship," to different-sex married couples in Minnesota

Census Snapshot: Ohio

Using data from the U.S. Census Bureau, this report provides demographic and economic information about same-sex couples and same-sex couples raising children in Ohio. We compare same-sex "unmarried partners," which the Census Bureau defines as an unmarried couple who "shares living quarters and has a close personal relationship," to different-sex married couples in Ohio

Census Snapshot: Indiana

Using data from the U.S. Census Bureau, this report provides demographic and economic information about same-sex couples and same-sex couples raising children in Indiana. We compare same-sex "unmarried partners," which the Census Bureau defines as an unmarried couple who "shares living quarters and has a close personal relationship," to different-sex married couples in Indiana

Like Father, Like Son: Homosexuality, Parenthood, and the Gender of Homophobia

This Article argues that gender influences the expression of homophobic and heterosexist stereotypes about gay and lesbian parents. By conducting a comparative analysis of reported family law opinions, it shows that gay and lesbian parents are subjected to gender-influenced stereotypes in custody and visitation cases-stereotypes that are influenced by the parent\u27s gender, the child\u27s gender, and the judge\u27s gender. First, gay fathers are subjected to two stereotypes that are influenced by the parent\u27s gender. They are stereotyped as HIV agents and child molesters-men who infect children with HIV and sexually abuse children, especially boys. Lesbian mothers are not stereotyped as HIV agents, and they are rarely stereotyped as child molesters. Next, both gay fathers and lesbian mothers are subjected to two stereotypes that are influenced by the child\u27s gender. They are stereotyped as recruiters and role models-people who encourage children to become homosexual. Although recruiting and role modeling stereotypes are applied to both gay and lesbian parents, they are applied more often to the parents of sons than the parents of daughters, and they are rarely applied to the fathers of daughters. This pattern betrays patriarchal concerns about the importance of fathers in the production of masculine, heterosexual boys. Finally, all of these stereotypes are influenced by the judge\u27s gender. Male judges are more likely than female judges to accept gender-influenced stereotypes about gay and lesbian parents. This pattern reflects the observed tendencies of heterosexual men to accept homophobic and heterosexist stereotypes more often than heterosexual women and apply such stereotypes to gay men more often than to lesbians

Changing Sex Changing Sexuality: Is Queer Legal Theory for Kids? DOMA, Prop 8, and the Liberation of Children's Queerness

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To Be Male: Homophobia, Sexism, and the Production of “Masculine” Boys

This chapter is about the relationship between homophobia and sexism in family law. By conducting an empirical analysis of custody and visitation cases, it shows that stereotypes about the children of lesbian and gay parents are both sexist and homophobic. In some cases, the relationship between homophobia and sexism becomes especially obvious, when stereotypes explicitly conflate the sexual orientation, gender identity, and gender roles of children and parents. By looking more closely, however, we can find more subtle evidence of this relationship in a much wider range of cases, wherever stereotypes of the children of lesbian and gay parents appear. By taking account of this subtle and widespread dynamic, the chapter aims to develop a more compelling case for lesbian and gay families — a case that vindicates the developmental interests of children, in addition to the parental interests of lesbians and gay men