[lbo-talk] same-sex & interracial marriage

Doug Henwood dhenwood at panix.com
Fri Mar 5 11:28:59 PST 2004


"The Sexualization of Difference: A Comparison of Mixed-Race and

Same-Gender Marriage"

Harvard Civil Rights - Civil Liberties Law Review, Vol. 37,

pp. 255-288

BY: JOSEPHINE ROSS

Boston College

Law School

Document: Available from the SSRN Electronic Paper Collection:

http://papers.ssrn.com/paper.taf?abstract_id=508022

Paper ID: Boston College Law School Research Paper No. 31

Date: February 2004

Contact: JOSEPHINE ROSS

Email: rossjf at bc.edu

Postal: Boston College

Law School

885 Centre Street

Newton, MA 02459-1163 UNITED STATES

Phone: 617-552-0604

ABSTRACT:

Understanding the sexualization of interracial relationships in

the past illuminates the attitudes prevalent today towards

same-sex couples and the continued opposition to same-sex

marriage. This Article compares heterosexual mixed-race and

same-sex unions (including both mixed-race and mono-race

couples) in the context of history, both legal and cultural. The

history of opposition to interracial marriage in this country is

replete with sexual undertones. Mixed-race couples were viewed

as sexually perverse, and the ban on marriage and sexual

relationships in the States served to run these human

connections underground, making them secret, closeted and sinful

liaisons. In the courts, arguments were made to oppose the

abolition of mixed-race sexuality and marriage that are similar

to arguments currently brought forth to prevent same-sex

marriage. In particular, opponents of mixed-race marriage - like

current opponents of same-sex marriage - were concerned with

biblical creed, natural law, and with the raising of future

generations of Americans. This article also examines the

real-life similarities between couples whose marriages break

race taboos and couples whose marriages break gender taboos.

Even recently, when mixed-race marriage has been legal for over

three decades, many mixed-race couples encounter problems that

should persuade skeptics that the analogy between same-sex love

and mixed-race love is not just a glib legal argument. The

sexualization of mixed-race couples served the same end it does

for gay couples today, including making the deprivation of

marriage rights seem fair. Due to sexual stereotyping, the

"privilege" that allows only some couples to marry does not have

to be understood as a "structured advantage;" instead it is seen

as "deserved and fair."



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