WE ARE FAMILY: A QUEER LEGAL ANALYSIS OF NONCONJUGAL RELATIONSHIPS

Abstract

This article develops a queer critique of the notion of family that is predominant in Western legal systems by exploring the category of non-conjugal relationships. Rather than extending the scope of the marriage institution to subjects previously excluded from it, we argue that the legal conceptualization of de facto relationships can help moving beyond the mainstream equal rights discourse focused on nondiscrimination and formal equality and achieve a form of protection for LGBTQ+ lives that fosters substantial equality. Case law and legal practice will be analyzed to show how the marginalization of individuals on grounds of their sexual behaviors and practices can be not only perpetuated, but also fought through a tactical use of existing legal arrangements. In the conclusion, we argue that legally reinventing family can provide an emancipatory path to question the predominant norms concerning sexuality that ultimately reproduce socioeconomic imbalances.