Gender, Sexuality and Reproduction

This mini-course revisits the core elements that have traditionally defined family law: gender, sexuality and reproduction. Historically, family law had two main functions. It created a framework for bearing and raising children, and organized the children's parents' coupledom. Gender, sexuality and reproduction were closely interwoven and subject to certain expectations. Sex was only allowed in the context of marriage, which formed the gateway to reproduction. Children born outside of wedlock had inferior rights. Women were placed under their husband's control to ensure their sexual fidelity. From the 1960's on, societal changes shook the traditional conception of the family to its foundations. Women gained economic independence and started challenging their traditional role in the family. Birth control cut the ties between sexuality and reproduction. The position of marriage as the sole seat of both coupledom and childbearing started to erode. The disconnection of gender, sexuality and reproduction opened family law up to new questions. Why should marriage only be possible between a man and a woman? Can children have more than two legal parents? What is the extent of the reproductive rights of women and men? Is marriage still a relevant legal concept? These and other questions are tackled from a comparative law angle, comparing the approach in the United States and other Western jurisdictions. Students are asked to reflect on the various responses to contemporary family law issues across the Western world. The focus is on general tendencies, not on technicalities. Grades will be based on regular attendance, active class participation and one short response paper. This class will meet the first three weeks of the quarter on Thursday, January 9, 16, and 23.