Bigotry, Civil Rights, and LGBTQ Child Welfare

22 Pages Posted: 22 Mar 2021 Last revised: 22 Apr 2022

See all articles by Jordan Blair Woods

Jordan Blair Woods

University of Arizona - James E. Rogers College of Law

Date Written: April 21, 2022


Linda McClain's book "Who’s the Bigot? Learning From Conflicts Over Marriage and Civil Rights Law" provides a novel analysis of the role of rhetoric involving bigotry in conflicts over marriage and civil rights law. The book ambitiously traces how people understood and discussed bigotry in various past and present struggles over marriage and civil rights dating back to the mid-twentieth century. In this Book Review, I highlight the strengths of Professor McClain’s book while also calling attention to the ways in which McClain’s analysis helps us to understand the patterns of arguments in Fulton v. City of Philadelphia — the latest conflict between marriage and the scope of civil rights before the U.S. Supreme Court. As discussed, connecting McClain’s arguments to LGBTQ child welfare literature and the Fulton controversy illustrates the importance of viewing LGBTQ child welfare issues through a civil rights lens.

Keywords: family law, law and sexuality, sexual orientation and gender identity, civil rights, marriage, child welfare, foster care, Fulton v. City of Philadelphia, children and the law

Suggested Citation

Woods, Jordan Blair, Bigotry, Civil Rights, and LGBTQ Child Welfare (April 21, 2022). Michigan Law Review, Vol. 120, 2022, p. 1011-32, Available at SSRN:

Jordan Blair Woods (Contact Author)

University of Arizona - James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States

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