Covering_ The Hidden Assault on American Civil Rights - Kenji Yoshino [106]
52 In 1984, a federal court Rowland v. Mad River Local School District, 730 F.2d 444, 446-47 (6th Cir. 1984).
53 Under controlling precedents The test was set out by the Supreme Court in Pickering v. Board of Education, 391 U.S. 563 (1968), and elaborated in subsequent cases such as Givhan v. Western Line Consolidated School District, 439 U.S. 410 (1979).
54 The court found Rowland’s “coming out” Rowland, 730 F.2d at 449.
55 The court upheld Ibid., p. 452.
56 More recently, a lower court Weaver v. Nebo School District, 29 F. Supp. 2d 1279 (C.D. Utah 1998).
57 When it does See Rowland v. Mad River Local School District, 470 U.S. 1009 (1985) (Brennan, J., dissenting from denial of certiorari).
58 Dissenting from the Supreme Court’s refusal Ibid., p. 1016 n. 11.
59 After telling me how she passes “The genealogy of the term passing in American history associates it with the discourse of racial difference and especially with the assumption of a fraudulent ‘white’ identity by an individual culturally and legally defined as ‘Negro’ or black by virtue of a percentage of African ancestry.” Elaine K. Ginsberg, “Introduction: The Politics of Passing,” in Passing and the Fictions of Identity, ed. Elaine K. Ginsberg (Durham: Duke University Press, 1996), pp. 1, 2–3. William Craft describes the antebellum practice of slaves passing as white in Running a Thousand Miles for Freedom; or, The Escape of William and Ellen Craft from Slavery (1860; Miami: Mnemosyne Publishing, 1969). Jerry Kang discusses the recent phenomenon of racial passing on the Internet in “Cyber-Race,” Harvard Law Review 113 (March 2000): 1131–1208.
GAY COVERING
1 As sociologist Steven Seidman observes Steven Seidman, Beyond the Closet: The Transformation of Gay and Lesbian Life (New York: Routledge, 2002), p. 6.
2 Should gays “act straight” Francisco Valdes observes that gender-atypical behavior and minority sexual orientation are bundled in popular consciousness. See Francisco Valdes, “Queers, Sissies, Dykes, and Tomboys: Deconstructing the Conflation of ‘Sex,’ ‘Gender,’ and ‘Sexual Orientation’ in Euro-American Law and Society,” California Law Review 83 (January 1995): 51–55.
3 At least since his influential 1993 Andrew Sullivan, “The Politics of Homosexuality,” New Republic, May 10, 1993, p. 34.
4 Because he believes gays have become Andrew Sullivan, Virtually Normal: An Argument About Homosexuality (New York: Vintage Books, 1995).
5 “Following legalization of same-sex” Quoted in Warner, The Trouble with Normal, pp. 60–61, citing David Groff, ed., Out Facts: Just About Everything You Need to Know About Gay and Lesbian Life (New York: Universe, 1997).
6 By queers, I mean gays who Warner, The Trouble with Normal.
7 Warner exhorts queers to resist Ibid., p. 59.
8 For this reason, Warner believes Ibid., p. 74.
9 Writer Bruce Bawer inveighs against Bruce Bawer, “Truth in Advertising,” in Beyond Queer: Challenging Gay Left Orthodoxy, ed. Bruce Bawer (Columbus, Ohio: Free Press, 1996), p. 43.
10 Warner criticizes normals Warner, Trouble with Normal, p. 19.
11 Foucault writes Michel Foucault, The History of Sexuality: An Introduction, vol. 1, trans. Robert Hurley (1976; New York: Random House, 1978), p. 43.
12 I recently came across The website is http://www.straightacting.com.
13 the gay plaintiffs Steffan v. Perry, 41 F.3d 677 (D.C. Cir. 1994) (en banc); Boy Scouts of America v. Dale, 530 U.S. 640 (2000).
14 We see less of Perry Watkins Watkins v. United States Army, 875 F.2d 699 (9th Cir. 1989) (en banc). For a description of the Watkins case, see William N. Eskridge Jr., “Gaylegal Narratives,” Stanford Law Review 46 (1994): 607–46.
15 A 1993 New York Times profile Jeffrey Schmalz, “On the Front Lines with Joseph Steffan: From Midshipman to Gay Advocate,” New York Times,