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Hastings Women’s Law Journal

Abstract

Consider a family structure in which both partners are the same sex and thus have to choose certain divisions of labor rather than having traditional notions of gender-based role functioning upon which to rely. Although, theoretically, the choices these two persons make would not necessarily be more egalitarian than the choices made by two persons in a heterosexual relationship, the potential for radical difference is present. How would the negotiation of roles, responsibilities, child-rearing, and wage-earning affect the children raised by these individuals? They would be exposed to different lessons in childhood; the building blocks of their moral development would be distinct from those of their heterosexually-raised peers. How would this distinction affect their sense of justice, morality, fairness, and equality for people in their community? My conclusion is that the non-gendered lesbian family structure provides a model of a non-heterosexist family that supports and extends Okin's analysis of social justice.

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