
Contents
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Family Law’s Equality Project Family Law’s Equality Project
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Gender’s Place in Family Law Gender’s Place in Family Law
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Reinforcement from Family Law’s Functional Turn Reinforcement from Family Law’s Functional Turn
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Gender Neutrality and Beyond Gender Neutrality and Beyond
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Testing the Normative Claims of the Integrative Model Testing the Normative Claims of the Integrative Model
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The Contested Role of Empirical Evidence The Contested Role of Empirical Evidence
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Concluding Reflections Concluding Reflections
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Notes Notes
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Eleven Gender and Parentage: Family Law’s Equality Project in Our Empirical Age
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Published:January 2013
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Abstract
This chapter makes the case for a legal regime based on the diversity model, which supports recognition of a diverse range of parent-child relationships, without regard to sex or gender. It makes two contributions in advocating for a law of parentage that respects diversity. First, it challenges the constitutional validity of laws that would impose an integrative model by showing how this model and its underlying normative premises rest on gender stereotypes that equality jurisprudence and contemporary family law have repudiated. Second, it questions recent arguments, both for and against laws based on the integrative model, that rely on empirical investigations of the effects of various familial arrangements on children. Even if empirical findings purport to show that the normative one-mother/one-father configuration serves most children well, such data do not justify enshrining this arrangement in a law applicable to all children.
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