Stoddard 1997

From Projecting Power

"Bleeding Heart: Reflections On Using the Law to Make Social Change"

Thesis: understanding the interrelationship between law and culture, and the use of law for social change

  • Goals of legal advocates for gay rights:
  1. Protection from discrimination
  2. Freedom from intrusion and harassment
  3. Some degree of recognition of queer relationships
  • New York is culturally more tolerant of queerness, but legally offers no protections/recognition
  • New Zealand is culturally intolerant of queerness, but legally offers protections/recognition
  • Assumptions:
  1. Society needs change, and there are people committed to that change
  2. Employing the law to make change is appropriate

The New Zealand Conundrum

  • The 'conundrum': New Zealand is legally progressive with respect to queer protections, but is culturally conservative in this respect
  • social change and legal change do not always walk hand-in-hand
    • "one does not stimulate the other"

A Paradigm of Reform

  • Goals of lawmaking