Transcending Time and Place: Judge A. Wallace Tashima and the Liberation of LGBT Identity

16 Pages Posted: 9 Jul 2020

See all articles by Kaiponanea T. Matsumura

Kaiponanea T. Matsumura

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: 2019

Abstract

This essay was written for a symposium celebrating the legacy of Judge A. Wallace Tashima, Senior Circuit Judge on the U.S. Court of Appeals for the Ninth Circuit. It analyzes Judge Tashima's opinion in Hernandez Montiel v. INS, a twenty-year-old decision holding that "gay men with female sexual identities" constituted a "particular social group" under the asylum statute. The essay considers how the opinion, deemed an important civil rights victory at the time, has aged in light of subsequent legal and social developments. While necessarily a product of its time, the opinion avoids essentializing the petitioner's identity through its context-sensitive, performative understanding of gay and transgender identity.

Suggested Citation

Matsumura, Kaiponanea T., Transcending Time and Place: Judge A. Wallace Tashima and the Liberation of LGBT Identity (2019). UCLA Law Review, Vol. 66, 2019, Available at SSRN: https://ssrn.com/abstract=3628840

Kaiponanea T. Matsumura (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

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