This article considers the transgressive and transformative possibilities in the sexual silences of the U.K.’s Civil Partnership Act 2004. The absence of a consummation requirement and adultery as a specific ground of dissolution do open up some possibilities but are not unproblematic. These issues are explored in the context of the England and Wales Law Commission’s apparent ‘return’ to a conjugal model in its forthcoming consultation on cohabitation. It is concluded that though the Act may open up possibilities for expanding (...) the legal recognition of relationships beyond those that are sexual, this raises concerns about the further privatisation of care as well as increased state intervention in relationships. Instead, I argue that the purpose and function of relationship recognition should be deconstructed and separated from ideology and romantic mythology about what families and relationships are and should be. If it does wed itself so closely to the conjugal marriage model in the consultation document, the Law Commission will miss a valuable opportunity to ask important questions about the purpose and function of relationship recognition. (shrink)

For well over a decade, critical race theory—the school of thought that holds that race lies at the very nexus of American life—has roiled the legal academy. In recent years, however, the fundamental principles of the movement have influenced other academic disciplines, from sociology and politics to ethnic studies and history. And yet, while the critical race theory movement has spawned dozens of conferences and numerous books, no concise, accessible volume outlines its basic parameters and tenets. Here, then, from two (...) of the founders of the movement, is the first primer on one of the most influential intellectual movements in American law and politics. (shrink)

This paper explores the gendered nature of the formal will-making process. Longer female life expectancy means that women often make the final decision regarding the disposal of relational assets. Inheritance is thus identified as a rare opportunity for them to enjoy power and control over family wealth. There are, however, questions as to whether that enjoyment may be inhibited by the presence of men. Drawing on a series of interviews conducted with professional legal practitioners this paper discusses how, when couples (...) seek will-making advice together, that process is largely dominated and driven by women. It argues that this situation is primarily attributable to a combination of the multi-faceted nature of will-making and, crucially, women’s position and role within the family. Having identified the possibilities available to women to exercise power and authority over men in this context, the paper concludes with a brief consideration of the potential implications for both practitioners and policy-makers. (shrink)

In 1989 Smart problematised law as a masculinist knowledge which disqualified other forms of knowledge, particularly feminism. Twenty-one years later Smart characterises the relationship between law and feminism quite differently. In this account law responds to feminism and outcomes are progressive. Smart suggests that rather than continuing to focus on law’s disciplinary and normalising role, it is more productive to conceptualise contemporary family law as a creative kinning practice. We argue, however, that we must also bring into this account the (...) changes to the state brought about by neo-liberalism. The paper tests these observations about the trajectories of feminism, law and neo-liberalism by reflecting upon our study of the Albert Kennedy Trust (AKT). AKT was established in 1989, in the wake of gay and lesbian resistance to Clause 28, to provide homes with gay and lesbian adults for homeless gay and lesbian teenagers. We are interested in AKT’s shift in its description of the adults’ relationship with the teenagers in their care from ‘brothers and sisters’ to ‘carers’ as it moved from a marginal force to mainstream partner/provider. In this context we explore the complexity of law’s responsiveness to feminism’s dynamism, its contingent recognition of kinning practices and, in the light of neo-liberalism, its continuing disciplinary role. (shrink)

This article endeavours to open up a dialogue between succession law and the field of gender, sexuality and the law. It presents a detailed analysis of five cases concerning inheritance disputes relating to lesbians or gay men. The sexuality of the parties in the cases is ‘doctrinally irrelevant’ but the analysis demonstrates the significance of sexuality in the resolution of the legal disputes. In doing so it identifies how legal discourse remains a critical site for the production of societal norms (...) and in particular how lesbian and gay perspectives reveal the gendered assumptions underlying a number of key succession law doctrines. It emphasises the importance of taking difference seriously and the limits to formal legal equality. (shrink)

This article argues that to gain a more complete understanding of how lesbian families experience parenthood outside of the heterosexual context, scholars must consider how co-parents negotiate a parental identity, rather than presuming that women parents want to mother. Drawing on in-depth interviews with 17 women in a state that denies them parental legal rights, this article asks how a non—biologically related and non—legally related woman parent determines a parental identity in a social system that continually reminds her of her (...) liminal position. Interviewees divided roughly evenly into the self-identified categories of “mother” and “father” and a collectively generated category of “mather,” a hybrid of the two words. The word mather served to anchor co-parents in otherwise uncertain seas, but the other groups felt their parental identity was significantly constrained by ill-fitting role expectations based on gender. We conclude by addressing the possibility for alternative family forms to transform the institution of gendered parenting. (shrink)