Collaborative Research Networks

CRN17  Gender, Sexuality and the Law

Organizer

Jill Weinberg

The interplay between the law, gender, and sexuality is a precarious one. On one hand, the law and legal decision-making are rooted in a tradition of predictability, uniformity, and rigidity. On the other hand, gender and sexuality identities are dynamic, non-discrete, and fluid. As gender and sexuality issues are increasingly resolved in legislatures and courts, the question of how to reconcile these competing motifs themselves are worthy of Law and Society scholarship. The purpose of this CRN is, thus, two-fold: first, to critically examine the law and its relationship to gender and sexual identities — i.e., how the law constructs, constrains, and/or enables gender and sexual minorities at the municipal, state, and national level; and, second, to engage comparatively with international legal systems, both established and emergent, to shed new light on these constructs. Specifically, this network seeks to promote scholarship that looks at gender and sexual minorities as its own research question and not simply as a case study within the discipline (e.g., social movements, tax law, etc.). Using these critical and comparative lenses, not only would this collaborative space cast light on these understudied groups, but it also encourages discussions about broader Law and Society questions such the relationship between law and social change, issues of diversity and citizenship, and transnationalism.

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