Document Type
Article
Abstract
This response engages with Marc Spindelman’s article, The New Intersectional and Anti-Racist LGBTQIA+ Politics: Some Thoughts on the Path Ahead, which offers a rethinking of critical precision about what is on the horizon for LGBTQ rights. The response calls for a reframing of the conversation by starting from the understanding that the Constitution, and by extension the law, is a political document and thus no realm of the Constitution or the law is impervious to politics. It then argues that instead of seeking recognition as full persons in the law and looking to a political document—the Constitution—for refuge from politics, LGBTQIA+ people should instead focus on and lean into cultures and create forms of mutual recognition within community formations that will help them survive and thrive in this current moment and the future.
Recommended Citation
Marlon M. Bailey, The Constitution Has Never Recognized Us as Full Persons: Or to What Politics are Our "Protections" Returning?, 15 ConLawNOW 19 (2023).