Unpacking Hetero-Patriarchy: Tracing the Conflation of Sex, Gender & Sexual Orientation to Its Origins
Unpacking Hetero-Patriarchy: Tracing the Conflation of Sex, Gender & Sexual Orientation to Its Origins Francisco Valdes* This Article traces and critiques the early formalization of the Euro-American sex/gender system) It seeks to illuminate the evolution of historical biases in American law and society that continue to dominate and destabilize sex/gender relations. As such, this Article is a prequel-it provides the origins of a story already partially told elsewhere. The earlier account investigated the ways in which modern law and society cross-construct and cross-associate "queers" and "sissies," as well as "dykes" and "tomboys."2 The present account thus explains how and why "sex," "gender," and "sexual orientation" have historically been conflated, something that * Visiting Professor, University of Miami School of Law, 1995-96; Professor, California Western School of Law. J.S.D. Stanford Law School 1994; J.S.M. Stanford Law School 1991; J.D., with Honors, University of Florida College of Law 1984; B.A. University of California- Berkeley 1978. This article includes the final portion of my J.S.D. dissertation, and I therefore begin by thanking my J.S.D. Committee: Barbara Fried, Lawrence Friedman, and Robert Weisberg. I also thank Paul Brest for early advice and support, and Miguel Mendez for a continuous supply of encouragement and mentoring. In addition, I thank Tom Barton, Michal Belknap, Robert Bohrer, Barbara Cox, Anne Goldstein, Angela Harris, Linda Morton, and John Noyes, for useful feedback and unflagging friendship. Finally, I thank the other contributors, as well as Michael O'Hear, Amy Vernick, and the editors of this Journal, who together made this Symposium possible.
[Show full text]