March 14, 2009
State attorney general, other leaders support marriage equality in Maryland
"A freedom rider, a former Republican congressman and the state's chief legal officer banded together yesterday to testify in favor of legalizing same-sex marriage in Maryland - evidence that proponents say shows the issue is gaining momentum," reports the Baltimore Sun.
Marriage equality bills percolating in Maine, Vermont
An update on the status of legislation in both states from 365Gay.com.
March 12, 2009
Obama faces key test on federal domestic partner benefits
Two different judges of the 9th Circuit US Court of Appeals, who come from very different ideological perspectives, have issued orders that employees of their court are entitled to health benefits for their same-sex partners under the program that insures millions of federal workers. (The orders were issued not in cases, but in response to grievances by court employees.)
Now, reports the New York Times, President Obama "is in a tough spot." If he stands by current federal personnel policy that bars recognition of same-sex relationships, "he risks agitating liberal groups that helped him win election. If he supports the judges and challenges the [federal 'defense' of] marriage act, he risks alienating Republicans with whom he is seeking to work on economic, health care and numerous other matters."
Two new scholarly articles on Prop 8
The California Journal of Politics and Policy has two research articles on Prop 8: On Amending and Revising the Constitution: The Issues Behind the Challenge to Proposition 8 and Should Proposition 8 Be Held to be Retroactive?
Domestic partnership advances in Washington state
The state senate has approved a bill that would give same-sex domestic partners the same rights and benefits as married couples.
Gay marriage vs. covenant marriage
A Huffington Post columnist asks: if religious conservatives back marriage equality for same-sex couples, would gays back covenant marriage as a way to reduce the divorce rate?
New article: "Beyond Backlash: Assessing the Impact of Judicial Decisions on LGBT Rights"
In a new article in the journal Law and Society Review, Political scientist Thomas Keck "evaluates the widespread scholarly claim that the courtroom victories of the lesbian, gay, bisexual, and transgender rights movement have invariably provoked a counterproductive political backlash." He concludes:
Those victories have indeed provoked conservative countermobilization, but that has not been their only or even their most prominent effect. Assessing the political reaction to the movement's judicial victories, the policy impact of those victories, and the alternative strategic paths that were available to the movement at the outset, I argue that here, as elsewhere, legal mobilization has sometimes been a promising avenue for pursuing policy changes whose prospects were otherwise quite limited.
The article is available online here.
March 11, 2009
Politics journal examines "Global Politics of LGBT Human Rights"
The new issue of the journal Contemporary Politics features nine articles with various takes on LGBT rights, gender identity, HIV/AIDS, and human rights.
Marriage-equality supporters mount campaign to strike "marriage" from California laws
Supporters are gathering signatures for an initiative to replace marriage with domestic partnerships for everyone, gay and straight.
March 10, 2009
March edition of Lesbian/Gay Law Notes now available
The March edition of the indispensable monthly publication Lesbian/Gay Law Notes, edited by Professor Art Leonard of New York Law School, is now available online.
Two CT lawmakers target Catholic church for its role in opposing marriage equality
The proposed bill would "revise the corporate governance provisions [of the Connecticut Statutes] applicable to the Roman Catholic Church.” A related commentary in opposition to the bill may be found here.
March 9, 2009
Conservative scholar Kmiec on Prop 8 and constitutionalism
In the first of a two-part series for Findlaw.com, Pepperdine University professor and frequent commentator Doug Kmiec explores the implications of Proposition 8 for "the deeper meaning of constitutionalism and the rule of law." Tomorrow, in Part II, he "will elaborate on a proposed resolution to the Proposition 8 litigation that, unlike that advocated by either side, gives vindication to the fundamental principles of equality and religious liberty that are inescapably intertwined with the same-sex marriage question."
Author of new book on Don't Ask, Don't Tell will be on the Daily Show tonight
Nathaniel Frank, author of the new book Unfriendly Fire, will be guest tonight on Jon Stewart's The Daily Show. The show's web site calls Frank the "foremost expert on the military's 'Don't Ask Don't Tell' policy."
Fourteenth Anuual LatCrit Conference--Outsiders Inside: Critical Outsider Theory and Praxis in the Policymaking of the New American Regime
LatCrit XIV: Fourteenth Annual LatCrit Conference
CALL FOR PAPERS & PANELS
OUTSIDERS INSIDE: CRITICAL OUTSIDER THEORY AND PRAXIS
IN THE POLICYMAKING OF THE NEW AMERICAN REGIME
American University - Washington College of Law
October 1 - 4, 2009
Please join us at LatCrit XIV, the Fourteenth Annual LatCrit (Latina and Latino
Critical Legal Theory, Inc.) Conference, which will take place in Washington, D.C.,
from Thursday, October 1 through Sunday, October 4, 2009.
LatCrit/SALT Junior Faculty Development Workshop
The Seventh Annual Junior Faculty Development Workshop, sponsored jointly with the Society of American Law Teachers (SALT), will begin at 9:00 am, Thursday, October 1st and continue through Friday morning.
LATCRIT XIV THEME
OUTSIDERS INSIDE: CRITICAL OUTSIDER THEORY AND PRAXIS IN THE POLICYMAKING OF THE NEW AMERICAN REGIME
In October 2009, LatCrit will meet inside the Beltway for the first time in its history amidst a tectonic shift in American government. With the January inauguration of President Barack H. Obama, the nation’s first “outsider” president, we also saw the ascendance of a new progressive governance philosophy in Washington. As a biracial former law professor with working class and immigrant roots and an international and multicultural upbringing, Mr. Obama ran a progressive campaign that echoed many core LatCritical values, including internationalism and global-mindedness, the valorization of human rights and multidimensional diversity, the centrality of antidiscrimination work, a commitment to rigorous interrogation of longstanding dominant assumptions and norms, and a preference for discourse and dialogue over militarism. Notably, President Obama’s Yes We Can! campaign slogan has its roots in the ¡Si Se Puede! rallying cry coined by Dolores Huerta of the United Farm Workers movement and invoked in more recent progressive and mostly Latino/a political actions.
The new Presidential administration and enlarged bicameral Democratic majority in Congress account only for part of the historic paradigmatic transition in American national government. The ongoing deterioration of the American and world economies also has catalyzed an aggressive reassessment by moderate and even some conservative thinkers of the wisdom of the Reagan Revolution’s uber alles dependency on the private marketplace for the realization of the public good – an antiregulatory disposition that dominated federal government through the last seven presidential administrations. In the United States, the failure of the government’s dominant antiregulatory disposition to prevent the ensuing economic meltdown has catalyzed a new, aggressive Federal response in the form of much more statist economic interventions, including the de facto nationalization of key economic components. To add irony, it was the administration of President George W. Bush – the loudest in exalting the power of unbridled private marketplaces to regulate themselves – that laid the foundation for the national takeover of large sectors of the financial services and banking industries.
These quantum changes in the leadership and driving philosophies of American government present unique and in some cases unprecedented opportunities for scholars engaged in critical outsider scholarship to influence and inform national policy and legislation. The new executive and legislative branch incumbents have telegraphed early receptivity to the instantiation of LatCritical and other progressive theories and principles in the tangible products of Federal government (i.e., legislation, regulation, presidential directives, and, of course, caselaw). As President Obama’s aspirational campaign continues to transition into the nouveau regime at the helm of the most powerful government on Earth, millions of Americans expect the vague Yes We Can promise to become the Yes We Are reality.
But with these openings come potential pitfalls. Although the ascendance of a putatively progressive president and likeminded Congressional majority indeed may open up new opportunities to bridge the theory/praxis chasm, it also may pose serious challenges to the independence and even legitimacy of progressive critical theory movements. Should the cooption or even distortion of conservative theory by militaristic, extremist partisan politicos serve as a cautionary tale in the formation of new relationships between the progressive government and outsider critical theorists? More specifically, what if the first year in office of the Yes We Can presidential candidate unfolds into more of a No We Won’t disappointment? What if the exigencies of governing to and from the middle – which many pundits insist is the sine qua non for reelection viability – result in the sacrificing of Obama’s progressive promise? What roles should outsider critical legal scholars and their scholarship assume then? More generally, what should the incarnation of progressive theory in the new American regime look like? And what prevents that theory from being co-opted and corrupted by the corroding influences of insider power?
The LatCrit XIV Host Committee invites the submission of proposals for panels and papers related to this open-textured theme and encompassing the fullest array of theoretical and doctrinal topics and approaches. Because we will be in Washington, DC, we encourage the submission of paper and panel proposals propounding prescriptive critiques of discrete areas of law, policy and regulation of specific relevance to outsider communities, including (but by no means limited to) economic justice, international and comparative law, criminal law and the death penalty, civil rights and constitutional law (including gender and LGBT equality, reproductive and disability rights), immigration, political and electoral (dis)enfranchisement, communications policy and intellectual property, healthcare, education, employment, tax policy, and the environment. We also, of course, welcome proposals for more theoretical panels and papers, particularly (but not exclusively) in areas linked to the challenges posed by progressive governance and the ascendance of outsiders to positions of ultimate authority.
Please submit your panel and paper proposals through the online process at the LatCrit website (www.law.du.edu/latcrit/index.htm) no later than MONDAY, APRIL 27, 2009. Please note that although paper proposals for work-in-progress sessions may be submitted now, we will continue to accept those proposals through mid-July (please refer to LatCrit website for forthcoming additional details).
Standing LatCrit Themes
LatCrit conferences seek to feature and balance four basic perspectives in organizing each annual conference’s substantive program. These four perspectives are listed as themes below. They have, thus far, served as useful lenses of LatCritical inquiry, enabling LatCrit scholars to develop an impressive body of work that increasingly links issues of identity to the substantive analysis of law, policy and process. This effort to link identity issues to substantive analyses has been particularly fruitful in revealing the way race and ethnicity are implicated precisely in those areas of law and policy that are ordinarily thought not to be about race and ethnicity: for example, in the operations and assumptions of international law and legal process, foreign affairs, liberal democracy, religion and sexuality, to name just a few areas of recent LatCrit attention.
To build on these accomplishments, everyone is encouraged to develop their proposals with a view to: (1) expanding our understanding of the impact of race and ethnicity in substantive areas of law and policy ordinarily thought to be about "something other than race" (e.g. issues of sovereignty, labor rights, globalization, intellectual property, antitrust law); and (2) deepening our analysis of the various ways in which identity issues intersect, conflate and conflict in our self-understandings and coalitional efforts. The following four themes are offered, therefore, as possible points of reference for thinking in new ways about familiar issues (like affirmative action and bilingual education), as well as for encouraging critical forays into new substantive areas (like communications or antitrust laws):
1) Papers or panels that focus on the multidimensionality of Latina/o identity and its relationship to current legal, political and cultural regimes or practices. The ideal is to explicate aspects of the Latina/o experience in legal discourse, both domestically and internationally. Nonetheless, you are free to address identity issues that do not specifically touch upon Latina/o identity or the law.
2) Papers or panels especially salient to this region (the East Coast). Regional emphasis ensures that the Conference's geographic rotation will illuminate local issues, helping us understand how local particularities produce (inter)national patterns of privilege and subordination.
3) Papers or panels that elucidate cross-group histories or experiences with law and power, such as those based on the intersections of class, gender, race, sexuality and religion. In this way, each Conference aims to both elucidate intra-Latina/o diversities and contextualize Latina/o experience within inter-group frameworks and Euro-Heteropatriarchy. Accordingly, we constantly ask how we can create progressive movements, communities and coalitions that meaningfully recognize difference.
4) Papers or panels that connect or contrast LatCrit theory to other genres of scholarship, both within and beyond law and legal theory, including but not limited to the various strands of critical outsider jurisprudence (critical race theory, feminist legal theory, queer legal theory) that critique class, gender, race, sexuality and other categories of social-legal identities and relations.
The Sponsoring Institution – American University Washington College of Law
Founded in 1898, the American University Washington College of Law is the first law school in the world founded by women, Ellen Spencer Mussey and Emma Gillett, who did so in part to combat the de facto exclusion of women from legal education and practice. WCL also was the first law school to have a woman dean and the first to graduate an all female law school class. The law school later expanded its mission to provide more generally opportunities for those historically outside the mainstream of the legal profession.
Today WCL is one of the most diverse law schools in the country, with 1,216 full-time JD students (40% identifying as minorities and 55% women), 160 students in two LLM degree programs and 25 SJD candidates. WCL’s student body includes native speakers of 92 languages and dialects, with almost all nations of the world represented. Its main building at 4801 Massachusetts Avenue, NW, occupies nearly 180,000 square feet over six stories, including the 54,000-square foot Pence Law Library.
WCL’s faculty consists of 61 tenured and tenure-track and over 100 active visiting and adjunct professors engaged in teaching, scholarship and service benefiting a myriad of professional and community institutions and social justice causes. Dr. Claudio Grossman, WCL dean and Raymond I. Geraldson Scholar for International and Humanitarian Law, is the longest serving Latino law school dean in the nation and an active practitioner of international and human rights law, currently serving as the unanimously elected chair of the United Nations Committee against Torture (UNCAT).
The Conference Sites
The LatCrit/SALT Junior Faculty Development Workshop (On Thursday, October 1) and the first full day of the LatCrit Conference (Friday, October 2) will take place in the Conference Center at the Hyatt Regency Bethesda Hotel in Bethesda, Maryland, which also will serve as the primary lodging site for conference attendees. A very accessible and comfortable hotel, the 390-room Hyatt Regency Bethesda offers two full-service restaurants, fully equipped fitness center, in-room broadband Internet access, and spacious conference facilities. The hotel is located at the heart of Downtown Bethesda, a diverse and lively urban center two miles northwest of the Washington, DC, border and three miles from American University. Over 200 restaurants, three live theaters, two cinemas, and several bookstores are within a short walk of the hotel, which sits directly above the Bethesda station on the Metro Red Line, offering rapid, low-cost and high-frequency rail service to Dupont Circle (15 minutes); the National Mall, White House, and Capitol Hill (20 minutes); and Reagan National Airport (30 minutes).
The LatCrit XIV planning committee selected the Hyatt Regency Bethesda in June 2008 after a lengthy and exacting search, and was able to lock in a significantly discounted guestroom rate for LatCrit attendees, comparable to previous LatCrit conference rates, in what is one of the most expensive hotel markets in the nation. Hotel reservation information will be made available, together with conference registration information, in early summer.
Most of the conference events on Saturday, October 3, including several rounds of panels, all work-in-progress workshops, and a community lunch, will take place at the American University Washington College of Law. Free shuttle bus transportation will be available between the hotel and the law school.
House bill offers domestic partner benefits for federal employees
According to the Gay & Lesbian Leadership SmartBrief, "Out U.S. Rep. Tammy Baldwin, D-Wis., this month is expected to introduce the Domestic Partner Benefits & Obligations Act, which would offer domestic-partner benefits to the same-sex partners of federal workers. The measure will be co-sponsored in the House by Rep. Ileana Ros-Lehtinen, R-Fla., and in the Senate by Sens. Joe Lieberman, I-Conn., and Susan Collins, R-Maine, both of whom backed a similar bill in the previous session, said Baldwin spokeswoman Jerilyn Goodman."
Leahy proposes immigration change for same sex couples
Senator Patrick Leahy, chairman of the Senate Judiciary Committee, has introduced legislation to amend immigration laws to protect couples in same-sex relationships, reports Vermont Public Radio. Republican Sen. John Cornyn responds that preventing the forced breakup of such families would undermine "the institution of marriage."
March 8, 2009
Conservative group to help Ark. defend its foster policy
A conservative political group that pushed a successful ballot measure to ban unmarried couples from serving as foster parents in Arkansas can help the state defend the ban against a lawsuit, an Arkansas judge has ruled.