Type:	Journal Article
Title:	Challenging changing legal definitions of family in same-sex domestic violence
Other Titles:	Hastings Women’s Law Journal
Authors:	Little, Shannon
Keywords:	Legislation analysis;Gay/lesbian/transgender;Legal issues
Year:	2008
Publisher:	University of California Hastings College of the Law
Citation:	19 (2), Summer 2008
Notes:	General Overview: Recent changes to domestic violence statutes in the majority of states in the United States (US) have resulted in a widening of the definition of relationships to include same-sex couples. However, this has not necessarily led to greater protection for same-sex individuals living with domestic violence. Discussion: This paper presents legal case studies from the US which demonstrate the ways in which same-sex domestic violence differs from heterosexual domestic violence and, consequently, why the legal protection extended to same-sex individuals is flawed. Some types of abuse which can exist in same-sex relationships may be unique to the lesbian, gay, bisexual, and transgender (LGBT) community. It may include the threat of “outing” an individual for being gay or for being HIV positive and some jurisdictions have not found such abuse to come under their domestic violence statutes. States may have rigid definitions within their domestic violence laws of ‘perpetrator’ and ‘victim’ in a dispute, leaving courts with little discretion to allow a same-sex case to be considered. Where courts have attempted to extend the law to include unmarried couples, their decisions may be challenged for violating a state constitution which bans same sex marriage. There are instances where attempts to make laws more general and more gender neutral have, in fact, resulted in less protection for both heterosexual and non-heterosexual victims of abuse, as such laws are open to an interpretation that may exclude certain segments of society. The author concludes that effective prevention of domestic violence for every definition of family requires greater commitment from US state legislatures.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/13727
ISSN:	10610901
Appears in Collections:	Journal Articles

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