Bottoms v. Bottoms: The Lesbian Mother and the Judicial Perpetuation of Damaging Stereotypes

Abstract

Not unexpectedly, homophobic attitudes pervade judicial decisions denying rights to homosexuals. It is, however, somewhat confounding to detect degrading stereotypes about lesbians and gay men in decisions that purport to advance lesbian and gay rights. By way of example, a recent Virginia Court of Appeals decision, Bottoms v. Bottoms, was one that civil libertarians and commentators had hailed as a victory for homosexuals.' That Bottoms case, however, was paradoxical. Although in Bottoms, the lesbian mother emerged triumphant with her child, the court of appeals nevertheless promoted certain damaging, outmoded notions about homosexuals.