“Reasonable hostility” is a norm of communicative conduct initially developed by studying public exchanges in education governance meetings in local U.S. communities. In this paper I consider the norm’s usefulness for and applicability to a U.S. state-level public hearing about a bill to legalize civil unions. Following an explication of reasonable hostility and grounded practical theory, the approach to inquiry that guides my work, I de-scribe Hawaii’s 2009, 18-hour pub-lic hearing and analyze selected segments of it. I show that this (...) par-ticular public hearing raised de-mands for testifiers on the anti-civil union side of the argument that rea-sonable hostility does not do a good job of addressing. Development of a norm of communication conduct for this practice, as well as others, must engage with the culture and time-specific beliefs that a society holds, beliefs that will shape not only how to argue but what may be argued and what must be assumed about particular categories of persons. (shrink)

It has now been more than 50 years since H. L. A Hart and Lord Patrick Devlin first squared off in perhaps the most celebrated jurisprudential debate of the twentieth‐century (1959–1967). The central issue in that dispute—whether the state may criminalize immoral behavior as such—continues to be debated today, but in a vastly changed legal landscape. In this article I take a fresh look at the Hart‐Devlin debate in the light of five decades of social and legal changes.

In-depth interviews with white middle-class Dutch and American girls demonstrate two important differences in the cultural beliefs and processes that shape their negotiation of heterosexuality. First, Dutch girls are able to integrate their sexual selves into their relationships with their parents, while reconciling sexuality with daughterhood is difficult for the American girls. Second, American girls face adult and peer cultures skeptical about whether teenagers can sustain the feelings and relationships that legitimate sexual activity, while Dutch girls are assumed to be (...) able to fall in love and form steady sexual relationships. This research suggests important differences in institutionalized forms of heterosexuality. It also suggests the significance of girls’ relationships, and the cultural perceptions and processes that shape those relationships, for their sexual subjectivity. (shrink)

Many expect legally-recognized same-sex marriage to have significant effects on people’s behavior. This stance regarding SSM’s effects reflects a persistent, wide-spread belief that the law has a significant and reliable effect on social norms. However, I will argue that belief in the law’s capacity to effectively change social norms does not adequately take account of the nature of social norms, how they actually change, and the limits of government intervention. Through examining SSM and these factors more closely, I cast doubt (...) on the claim that the law significantly, reliably, and effectively challenges mainstream, marital social norms. Instead, SSM is better seen as an indicator of gradual changes in conceptions of marriage. When explaining changes in marital social norms, we should not waste our time on SSM, rather we should look to non-state factors. (shrink)

Recent scholarship has identified the modern wedding as a principal site for the construction of heteronormativity. This article examines whether and how the participation of same-sex couples in the wedding ritual can challenge this construction. Photographs from the 2004 San Francisco same-sex weddings were quantitatively content-coded for subjects’ gender presentation and for the extent to which the couple embodied the heteronormative wedding standard of one bride and one groom. I find that all the men in these photographs conformed to gender (...) norms and thus no male couple conformed to the wedding standard. In contrast, approximately one-fifth of the women presented non-normative gender, and more than two-thirds of the formally dressed lesbian couples conformed to the wedding standard of a bride and a groom. In a close reading of four photographs, I argue that these images have the potential to challenge assumptions about normative sex, gender, and sexuality at the level of the symbolic when understood in relation to the institution of marriage. Nonetheless, the enactment of weddings depicted in these images may also reify weddings as heteronormative by conforming to expectations about how individuals and couples present themselves when marrying. These findings point to the importance of distinguishing symbolic and enacted heteronormativity. (shrink)

This article centres on the legal recognition of same-sex marriage with a view to exploring the issue of unspeakability; that is, the condition whereby some questions cannot be articulated because of a lack of words. More specifically, the article will explore what happens to those social practices that are not given legal speakability and thereby legal recognition/protection. To this end, I first focus on how words are produced in the sphere of everyday life and their dependence on the existence of (...) a widespread normality. I then discuss how the law sees to the preservation and the reproduction of normality by providing a set of categories which are made available to law-abiders to settle disputes when they arise. In doing so, I elucidate the twofold role played by law as both a selective and a creative device. To cast some light on the particular way law operates, I discuss an important decision by the Italian Constitutional Court in 2010, which provides a telling example of how legal officials are able to seal off the set of legal categories and to leave some issues in the sphere of the unspeakable. I then unearth a paradox: while unspeakability reveals a condition of powerlessness, the acquisition of speakability could bring about even harsher exclusionary effects. I conclude by arguing that the entry into the sphere of official law is always a Janus-faced achievement, but can play as an effective instrument of critique. (shrink)