Equality and Family Autonomy

This Article argues that a functional approach to family law—treating those who have acted like family as family—undermines principles of family privacy and autonomy, and ultimately may not secure equal treatment for certain families within communities of color and and LGBTQ communities. In doing so, this Article challenges not only the functional turn in family law, but feminist scholarship that has been critical of family autonomy and privacy doctrine. Building on the consistent defense of privacy that emanates from women scholars of color, Professor Katharine K. Baker demonstrates how functional analyses demand interference and judgement that is likely to tear at the fabric of minority communities.