Paradise Lost, Paradox Revisited: The Implications of Familial Ideology for Feminist, Lesbian, and Gay Engagement to Law

Authors

Shelley A. M. Gavigan, Osgoode Hall Law School of York UniversityFollow

Keywords

Family policy; Feminist jurisprudence; Gays--Legal status, laws, etc.; Lesbians--Legal status, laws, etc.; Minorities--Legal status, laws, etc.

Document Type

Article

Abstract

In this article the author addresses the theoretical and political challenges issued to feminists and feminist scholarship by recent debates and litigation concerning "family" and "family-based" benefits. The argument proceeds in four parts: first, the discussion is relocated within socialist feminist theory. The implications of the qualified pro-family stance in the critiques advanced or influenced by women of colour is considered next, followed by an examination of some proposals to extend the definition of "spouse" and "family" to lesbian and gay relationships. The author is critical of both "critiques" and illustrates with reference to Canadian welfare and immigration law that feminists, lesbians, and gays must be attentive to the complex and contradictory implications of family-based strategies.

Creative Commons License

This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

Citation Information

Gavigan, Shelley A. M.. "Paradise Lost, Paradox Revisited: The Implications of Familial Ideology for Feminist, Lesbian, and Gay Engagement to Law." Osgoode Hall Law Journal 31.3 (1993) : 589-624.
DOI: https://doi.org/10.60082/2817-5069.1688
https://digitalcommons.osgoode.yorku.ca/ohlj/vol31/iss3/3