Law and violence
Originally published in Utah Law Review, Vol. 1994, pp. 247-254, 1994.
In this Article I comment upon Professor Terry Kogan's paper "Legislative Violence Against Lesbians and Gay Men," in which he analyzes the legislative process surrounding the passage of hate crimes legislation in Utah. Through an analysis of the gay bashing that took place within the legislative debate, Professor Kogan argues that the Utah legislature's removal of all references to gays and lesbians in the legislation was significant both because it reinforced sterotypical and negative perceptions of gays and lesbians, and because it suggested that violence against gays and lesbians was, at best, not of concern to, and at worst, actively encouraged by, the state. While Professor Kogan's paper raises a number of interesting issues, I would like to focus on some of the broader themes concerning law and violence raised by the many ways we might interpret hate crimes statutes in the context of violence against gays and lesbians.
Utah Law Review, Vol. 1994, pp. 247-254, 1994.