{"title":"Queering Morales v. Turman: Gender, Sexuality, and Juveniles' Right to Treatment","authors":"L. Gutterman","doi":"10.1353/wsq.2023.0003","DOIUrl":null,"url":null,"abstract":"Abstract:This article complicates understandings of Morales v. Turman, a class action lawsuit filed in 1971 on behalf of juveniles in six Texas Youth Council (TYC) institutions, as a victory for incarcerated youth. Drawing on Morales's substantial legal archives, this article highlights the ways the lawyers, social workers, psychologists, and psychiatrists who came together on behalf of incarcerated youth in this case understood the state's capacity to foster and enforce gender and sexual conformity as a social good. While they hoped to protect incarcerated children from state violence and to affirm their constitutional rights, these experts helped to embed a pathological conception of homosexuality and gender nonconformity into the broader legal battle for juvenile offenders' \"right to treatment.\" In ushering in a treatment-focused juvenile justice regime, the expert witnesses who testified on behalf of the plaintiffs also helped to foster the TYC's turn away from traditional carceral institutions toward community-based residential facilities.","PeriodicalId":23857,"journal":{"name":"Wsq: Women's Studies Quarterly","volume":"137 1","pages":"49 - 72"},"PeriodicalIF":0.0000,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Wsq: Women's Studies Quarterly","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1353/wsq.2023.0003","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract:This article complicates understandings of Morales v. Turman, a class action lawsuit filed in 1971 on behalf of juveniles in six Texas Youth Council (TYC) institutions, as a victory for incarcerated youth. Drawing on Morales's substantial legal archives, this article highlights the ways the lawyers, social workers, psychologists, and psychiatrists who came together on behalf of incarcerated youth in this case understood the state's capacity to foster and enforce gender and sexual conformity as a social good. While they hoped to protect incarcerated children from state violence and to affirm their constitutional rights, these experts helped to embed a pathological conception of homosexuality and gender nonconformity into the broader legal battle for juvenile offenders' "right to treatment." In ushering in a treatment-focused juvenile justice regime, the expert witnesses who testified on behalf of the plaintiffs also helped to foster the TYC's turn away from traditional carceral institutions toward community-based residential facilities.
摘要:莫拉莱斯诉图尔曼案(Morales v. Turman)是一起发生在1971年的集体诉讼案,原告是德克萨斯州六所青年理事会(TYC)机构的青少年,该案被认为是狱中青少年的胜利。本文利用莫拉莱斯的大量法律档案,强调律师、社会工作者、心理学家和精神科医生在本案中代表被监禁的青少年,了解国家培育和执行性别和性一致性的能力,并将其视为一种社会利益。虽然他们希望保护被监禁的儿童免受国家暴力,并确认他们的宪法权利,但这些专家帮助将同性恋和性别不一致的病态概念嵌入到为少年犯“治疗权”而进行的更广泛的法律斗争中。在引入以治疗为重点的少年司法制度的过程中,代表原告作证的专家证人也帮助促进了少年司法中心从传统的拘留所转向以社区为基础的居住设施。