The 82 Percent: Bonus Conversation with Alex Chen
Digest
This podcast episode features an interview with Alex Chen, a leading expert in LGBTQ+ civil rights law, who discusses the legal and social challenges faced by diverse family structures, particularly polyamorous relationships. The conversation begins with an overview of Alex Chen's work at the Harvard Law School LGBTQ+ Advocacy Clinic, where he advocates for legal protections for diverse family structures. He explains how his work evolved to include advocacy for the Polyamorous community, recognizing the need for legal protections for diverse family structures. Alex Chen addresses the resistance he has encountered while advocating for polyamory and diverse family structures within the LGBTQ+ community, highlighting the historical context of the fight for marriage equality and the need to move beyond a sole focus on nuclear family structures. He provides a comprehensive definition of diverse families, encompassing various family forms beyond the nuclear family structure, including extended families, blended families, chosen families, multi-parent families, and single-parent families. Alex Chen discusses the concept of disaggregating traditional family norms, recognizing that romantic love, emotional intimacy, sexual intimacy, economic support, and social connection can exist independently within different relationships. He questions how the law should encourage and support diverse relationship forms. He explains the channeling function of family law, arguing that legal structures incentivize and disincentivize certain behaviors and relationship forms. He highlights how American law has historically favored the nuclear family structure, creating a normative vision of what constitutes a desirable family. Alex Chen discusses the concept of the "poly tax," highlighting the systemic economic disadvantages faced by the Polyamorous community due to lack of legal recognition and discrimination. He draws parallels to the "black tax" and the legacy of redlining and property discrimination. He identifies two major hurdles facing diverse family structures: lack of legal recognition and discrimination. He provides examples of how these hurdles manifest in real-life situations, such as hospital visitation, health insurance, and employment discrimination. Alex Chen discusses the "poly tax" and the "trans tax," emphasizing the economic costs associated with living in diverse identities and family structures. He argues that formal legal protections are important but insufficient, as systemic economic disadvantages persist due to lack of enforcement and discriminatory practices. He explores the historical formation of the nuclear family, tracing its roots to European colonialism and the ideological warfare surrounding civilizational superiority. He highlights how the nuclear family was promoted as the ideal family structure, often at the expense of other family forms. Alex Chen provides three examples of diverse family structures that existed in American history: indigenous families, black families, and immigrant families. He discusses how these family forms were often marginalized and pathologized, contributing to the dominance of the nuclear family model. Alex Chen discusses the need for legal reforms to recognize and support diverse family structures. He emphasizes the importance of interdisciplinary research and data collection to demonstrate the benefits of these family forms. He highlights the ongoing work of the Polyamory Legal Advocacy Coalition in pioneering domestic partnerships and non-discrimination legislation. Alex Chen concludes the interview by encouraging listeners to get involved in advocating for diverse family structures. He emphasizes the importance of connecting with local politicians, supporting organizations like PLAC, and promoting understanding and acceptance within communities.
Outlines
Introduction and Content Warning
This podcast episode features real experiences, often including traumatic events. The show notes provide specific content warnings for each episode and information about support services.
The 82% - A Conversation with Alex Chen
This episode is part of a mini-series called "The 82%" and features an interview with Alex Chen, a leading expert in LGBTQ+ civil rights law. The conversation focuses on the legal perspective of the nuclear family, monogamy, and the fight for rights for diverse family structures.
Alex Chen's Work and Advocacy
Alex Chen describes his work as the founding director of the Harvard Law School LGBTQ+ Advocacy Clinic, which provides legal training and experience to law students. The clinic engages in impact litigation, legislative and policy work, and advocacy for social change. He discusses his personal experiences as a gay transgender man and his passion for civil rights and equality. He explains how his work at the clinic evolved to include advocacy for the Polyamorous community, recognizing the need for legal protections for diverse family structures.
Resistance and Recognition of Diverse Family Structures
Alex Chen addresses the resistance he has encountered while advocating for polyamory and diverse family structures within the LGBTQ+ community. He highlights the historical context of the fight for marriage equality and the need to move beyond a sole focus on nuclear family structures. He provides a comprehensive definition of diverse families, encompassing various family forms beyond the nuclear family structure, including extended families, blended families, chosen families, multi-parent families, and single-parent families.
Disaggregating Traditional Family Norms and the Channeling Function of Family Law
Alex Chen discusses the concept of disaggregating traditional family norms, recognizing that romantic love, emotional intimacy, sexual intimacy, economic support, and social connection can exist independently within different relationships. He questions how the law should encourage and support diverse relationship forms. He explains the channeling function of family law, arguing that legal structures incentivize and disincentivize certain behaviors and relationship forms. He highlights how American law has historically favored the nuclear family structure, creating a normative vision of what constitutes a desirable family.
The Polyamory Tax and Systemic Economic Disadvantages
Alex Chen discusses the concept of the "poly tax," highlighting the systemic economic disadvantages faced by the Polyamorous community due to lack of legal recognition and discrimination. He draws parallels to the "black tax" and the legacy of redlining and property discrimination. He identifies two major hurdles facing diverse family structures: lack of legal recognition and discrimination. He provides examples of how these hurdles manifest in real-life situations, such as hospital visitation, health insurance, and employment discrimination.
Reforms and the Future of Diverse Family Structures
Alex Chen discusses the need for legal reforms to recognize and support diverse family structures. He emphasizes the importance of interdisciplinary research and data collection to demonstrate the benefits of these family forms. He highlights the ongoing work of the Polyamory Legal Advocacy Coalition in pioneering domestic partnerships and non-discrimination legislation.
Conclusion and Call to Action
Alex Chen concludes the interview by encouraging listeners to get involved in advocating for diverse family structures. He emphasizes the importance of connecting with local politicians, supporting organizations like PLAC, and promoting understanding and acceptance within communities.
Keywords
Polyamory
Polyamory is a form of ethical and consensual non-monogamy where individuals have multiple romantic and/or sexual relationships with the knowledge and consent of all partners involved.
Nuclear Family
The nuclear family is a traditional family structure consisting of two parents (typically a married heterosexual couple) and their biological or adopted children.
Diverse Family Structures
Diverse family structures encompass a wide range of family forms beyond the nuclear family, including extended families, blended families, chosen families, multi-parent families, and single-parent families.
LGBTQ+
LGBTQ+ is an acronym representing lesbian, gay, bisexual, transgender, queer, and other gender identities and sexual orientations. It encompasses individuals who identify as different from the traditional heterosexual norm.
Domestic Partnership
A domestic partnership is a legal relationship between two individuals who are not married but wish to have some of the legal rights and benefits of marriage.
Discrimination
Discrimination is the unfair treatment of a person or group based on their identity, such as race, gender, sexual orientation, or family structure.
Channeling Function of Family Law
The channeling function of family law refers to the way legal structures incentivize and disincentivize certain behaviors and relationship forms, shaping societal norms and expectations.
Redlining
Redlining is a discriminatory practice in which financial institutions refuse to provide loans or services to residents of certain neighborhoods, often based on race or ethnicity.
Poly Tax
The "poly tax" refers to the systemic economic disadvantages faced by the Polyamorous community due to lack of legal recognition and discrimination, leading to financial burdens and limited opportunities.
Trans Tax
The "trans tax" refers to the economic costs associated with being transgender, including medical expenses, discrimination in employment and housing, and the need for legal name and gender marker changes.
Q&A
What are the major hurdles facing diverse family structures in the legal system?
The major hurdles are lack of legal recognition and discrimination. Lack of recognition can lead to issues with hospital visitation, health insurance, and parental rights. Discrimination can manifest in employment, housing, and other areas of life.
How does the channeling function of family law impact diverse family structures?
American law has historically favored the nuclear family structure, creating a normative vision of what constitutes a desirable family. This channeling function incentivizes certain behaviors and relationship forms while disincentivizing others, leading to systemic disadvantages for diverse families.
What are some of the reforms being pioneered to address the challenges faced by diverse family structures?
Reforms include pioneering domestic partnerships for more than two people and passing non-discrimination legislation that prohibits family and relationship structure discrimination in areas like education, real estate, and commercial transactions.
What can individuals do to support the recognition and acceptance of diverse family structures?
Individuals can connect with local politicians, support organizations like PLAC, and promote understanding and acceptance within their communities. They can also get involved in drafting and advancing legislation that protects the rights of diverse families.
Show Notes
In this special bonus episode, Whit Missildine interviews Alex Chen. Alex Chen is the Founding Director of the Harvard Law School LGBTQ+ Advocacy Clinic and a founding member of Polyamory Legal Advocacy Coalition. In this conversation we discuss the legal and historical roots of the nuclear family, monogamy and the challenges and successes in the fight for rights for diverse family structures.
Alex is one of the nation’s leading experts in LGBTQ+ civil rights law. He also teaches Gender Identity, Sexual Orientation, and the Law at the Law School. Previously, Alexander served as an Equal Justice Works Fellow at the National Center for Lesbian Rights. He also co-drafted AB 2119, a bill that made California the first state to guarantee access to transition-related health care for trans youth in foster care. Alex received his J.D. from Harvard Law School, where he was the first openly transgender editor of the Harvard Law Review. You can find out more about Alex and his work at PLAC at polyamorylegal.org
Producers: Whit Missildine, Andrew Waits
Content/Trigger Warnings: sexual themes, explicit language
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