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Authors

Janet E. Halley

Abstract

This Symposium inhabits two intersections: the intersection linking sexual orientation with other axes of social stratification, and the intersection linking the legal future to the legal past, legal reform to legal history. Francisco Valdes examines the relationship between sex and gender in Euro-American cultural and legal history to support a reform proposal on behalf of "sexual minorities"; Robert J. Morris excavates the cultural history of same-sex relationships in Hawai'i to support a claim that Hawaiian cultural preservation, mandated by the Hawai'i State Constitution, includes recognition of same-sex marriage; and Mary Coombs and Angela Harris provide critical comments on sociological, affiliative, intellectual, and historiographical intersections that structure Morris' and Valdes' claims. Valdes and Morris offer perhaps the most richly researched and polemically targeted cultural-historical accounts of sexual orientation in the law review literature. Particularly with the addition of Coombs' and Harris' critical responses, this Symposium frames the debate for queer legal history and historiography. It should be read under the immemorial motto: Those who don't study historiography are doomed to repeat it.

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