"Which, then, would be the 'husband' and which the 'wife'?": Some Introductory Thoughts on Contesting 'the Family' in Court
AbstractFamily claims have come to be an important focus of Gay and Lesbian rights talk. A number of recent Australian cases contesting the meaning of 'family', highlight the difficulties and discomfort involved in trying to fit Gay and Lesbian lives within existing legal categories. The litigative process to date has centred largely on attempts to 'fit into' heterosexual/ hetero-nuclear structured definitions of aspects of family such as 'parent', 'spouse' and 'dependant'. While such claims are becoming more successful, it is necessary to consider the costs of such outcomes and question the benefits. |