Abstract

http://ssrn.com/abstract=2333278
 


 



Querying Edith Windsor, Querying Equality


Jeffrey A. Redding


Saint Louis University School of Law

September 29, 2013

59 Villanova Law Review 9 (2013) (Tolle Lege)
Saint Louis U. Legal Studies Research Paper No. 2013-27

Abstract:     
In this short essay, I express skepticism about U.S. Supreme Court Justice Anthony Kennedy’s majority opinion in United States v. Windsor, and especially the vision of equality articulated by it. Kennedy's vision of equality is one endorsed by many mainstream American LGB organizations as well. Yet, as this article explores, queer theorists, activists, and citizens have many reasons to be concerned by this articulation of equality, as well as the plaintiffs who instigate its expression. In this essay, then, after first problematizing the conceptions of equality circulating in the Windsor litigation, I try to conjure a queer politics of marriage and, simultaneously, a queer Edith Windsor. The hope is that by imagining this kind of plaintiff, a more queer — and more human(e) — articulation of equality might emerge from American courts and their resolutions of various same-sex marriage controversies.

Number of Pages in PDF File: 9

Keywords: equality, marriage, queer, Windsor

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Date posted: October 1, 2013 ; Last revised: May 28, 2014

Suggested Citation

Redding, Jeffrey A., Querying Edith Windsor, Querying Equality (September 29, 2013). 59 Villanova Law Review 9 (2013) (Tolle Lege); Saint Louis U. Legal Studies Research Paper No. 2013-27. Available at SSRN: http://ssrn.com/abstract=2333278

Contact Information

Jeffrey A. Redding (Contact Author)
Saint Louis University School of Law ( email )
100 N. Tucker Blvd.
St. Louis, MO 63108
United States

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