I’ve spent the day with Joe Rollins’s recently published (and excellent) Legally Straight: Sexuality, Childhood, and the Cultural Value of Marriage (NYU). Rollins weaves a number of interesting texts together to make an important cultural intervention in the legal debates concerning same-sex relationships. His ultimate argument is that the evolution of legal recognition for same-sex couples was less about recognizing the limitations of existing family law and more about expanding the category of who counts as a (already heterosexist) family. Rather than remake the very nature of family to encompass nonnormative sexual behaviors or partner arrangements, however, the decisions leading up to 2015’s Obergefell ruling effectively rendered gay people “legally straight”– that is, capable of the same care functions expected from their heterosexual brethren.
He writes, “the homosexual has become a normalized, domesticated subject/citizen who, with increasing movement into full citizenship, now enters the domestic sphere and, like heterosexuals, may build a familial foundation for the socialization of children into a neoliberal, twenty-first-century nation” (38). We are moving, in other words, toward an straight society peopled by increasingly non-hetero relationships. As this quote highlights, the figure of the child plays prominently in Rollins’s analysis, and my favorite elements of the book are his attempts to bring the queer theory of Edelman and Halbertstam to bear on social scientific and legal interpretation. I have always had an affinity for the razor-sharp insights of cultural theory, but the empirics (Hitchcock films for Edelman, children’s films–among other things–for Halberstam) have always left me cold.
Rollins focuses on Supreme Court opinions and dissents to comprehend how law had evolved in the post-Obergefell context. The sanctioning of same-sex unions has done little to curb what he calls the “marital fantasy”: “a script that we are conditioned to believe in and strive for throughout our lives, one founded on the idea that there is one perfect mate in the world and that eventually we will find that person, fall in love, and live happily ever after” (24). By further solidifying this fantasy, same-sex marriage has effectively confirmed heterosexism’s most enduring mythology. This is familiar stuff from queer and feminist scholarship, to be sure, but Rollins’s efforts at locating this fantasy in SCOTUS rulings joins cultural and legal analysis nicely, adding institutional heft to this critical literature.





