The law, like the suburban American house, is designed to order a particular pattern of relationships, many of them oriented around the heterosexual nuclear family. For real people in contemporary circumstances to inhabit the house the law built, one has to find side doors and discreet corners, while the dominant space changes little and the façade remains unaltered. The two big L.G.B.T.-rights Supreme Court victories that came before Bostock—Windsor and Obergefell—did exactly that: they carved out a place for monogamous same-sex couples who want to marry (statistically, these are more apt to be white middle-class people like the plaintiffs) in the house of the American nuclear family.
Out of the mire, a banal but chilling proposition starts to emerge – that we decide on the innocence or guilt of a plaintiff according to whether we like them or not. Legality, our conviction in the rights and wrongs of the matter, trails our desires (whether the reverse would be preferable is not clear). Whenever I read biographies of Plath, I always have the suspicion that someone or other is being criminalised simply for being who they were.BACK TO TOP