In this article Francisco Valdes calls for the creation of Queer Legal theory based on the coalescence of a "sexual minority" over the past twenty-five years. Prof. Valdes discusses the relationship of Queer Legal theory to Feminist Legal Theory and Critical Race Theory detailing the common "psycho-social isolation" of gays and lesbians, women and racial minorities. He encourages recognition of the common interests and goals of the three groups and urges each to be sensitive to the interrelationship, or "connectivity," among them.
In this article Tom Coleman and David Link explain and analyze a recent attempt by gay and lesbian families in California to gain legal recognition by registering with the Secretary of State as unincorporated nonprofit associations as "family associations." Despite opposition by state senators and an opinion from the legislative counsel saying that the registration could not be used by such groups, the Secretary of State of California refused to prohibit family association registration. The authors analyze the statutory language of the California Corporations Code relating to associational name registration and discusses the interpretations used by the Legislative Counsel and the Attorney General's offices in light of the highly charged political atmosphere surrounding gay and lesbian families and the religious right.
In this article Barbara Cox examines the institution of marriage in the gay and lesbian community from a personal perspective. Prof. Cox reviews recent articles in the gay and lesbian literature arguing both for and against marriage as a political goal for homosexuals. She then relates experiences arising out of her marriage to her partner, Peg. The author advocates same- sex unions as a way to radically restructure the institution of marriage while challenging heterosexual assumptions about gay and lesbian love.
In this piece, a summary of a presentation to the American Bar Association's Family Law Section in April, Lewis Becker discusses the creation and benefits of domestic partnerships. Prof. Becker explains and examines arguments advanced by opponents of the recognition of domestic partners concluding that these arguments are notsupported by the evidence. Finally Prof. Becker points out questions about the legal effects of domestic partner registration which remain unanswered.
In this piece Victor Streib looks at compilations of data on the effect of gender on the likelihood a person accused of a capital crime will be sentenced to death, and asks if a woman's lesbianism impacts the incidence of her being sentenced to death and finally executed. Using 4 case studies of women who were sentenced to death in cases where their lesbianism played a role, Prof. Streib finds that a number of factors impact the equation. While lesbianism is not seen as a mitigating factor, it is often overshadowed by the extreme violence of the crime, and thus does not stand out as an aggravating factor.
In this casenote Greg Ladner reviews the decision by the Hawaii Supreme Court regarding same-sex marriage, Baehr v. Lewin. Ladner begins with an examination of the regulation of marriage in the United States by state courts and the U.S. Supreme Court, then reviews the history of attempts of same-sex couples to gain legal recognition; he thenexamines the Baehr decision and concludes with a discussion of the national impact this case may have as other states face the same issue.