Bigotry, Civil Rights, and LGBTQ Child Welfare
22 Pages Posted: 22 Mar 2021 Last revised: 22 Apr 2022
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
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