THE POLITICS OF CARE' Laura T. Kessler INTRODUCTION Can family caregiving be a form of political resistance or expression? It can, especially when done by people ordinarily denied the privilege of family privacy by the state. Feminist and queer theorists within law have, for the most part, over- looked this aspect of caregiving, regarding unpaid family labor as a source of gender-based oppression or as an undervalued public commodity. Conse- quently, prominent feminist and queer legal theorists have set their sights on wage work1 or sexual liberation2 as more promising sources of emancipation for women. Although other legal feminists continue to focus on the problem of devalued family labor, these theorists tend to justify increased support for care work primarily on the benefits it confers on children and society, on liberal theories of societal obligation, on ending gender oppression, or on simple hu- man needs.3 This article examines a less well-explored conception of family caregiving within the feminist and queer legal theory literature, revealing the way that family caregiving can be a liberating practice for caregivers qua caregivers. Specifically, care work can constitute an affirmative political practice of resis- tance to a host of discriminatory institutions and ideologies, including the fam- ily, workplace, and state, as well as patriarchy, racism, and homophobia. I label such political work "transgressive caregiving" and locate it most centrally- * Professor of Law, University of Utah; email:
[email protected]. Many thanks to Mar- tha Fineman and Victoria Nourse for inviting me to share this work as part of this celebration t of the 2 5 h Anniversary of the Feminism and Legal Theory Project and to Mary Ann Call for research assistance.