Celebration and Consolidation: National Rituals and the Legal Construction of American Identities

Oxford Journal of Legal Studies 18 (2):265-291 (1998)
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Abstract

This article analyses the decision of the US Supreme Court in Hurley and South Boston Allied War Veterans Council v Irish-American Gay, Lesbian and Bisexual Group of Boston, in which the Court held that a lesbian, gay, and bisexual group could be prevented from marching in Boston's St Patrick's Day Parade. The author interprets the decision as a text through which the identities Irish, Irish-American, and American are constituted and reflected. The article begins with a consideration of the centrality of the rights of speech and equality to the American national identity, and then proceeds to interrogate the role of parading as a performative spectacle in the acting out of national and group identities. An examination of the Hurley decision follows, which focuses on how the issue of who is allowed to march, and what that marching is thought to signify, serves as a metaphor for the ways in which an American national identity is itself conceived. The author argues that the dispute underscores deeper conflicts concerning how nations are conceived in sexualized terms, and whether American society today is better understood as a social group with a shared purpose, or as a series of diverse social groups which simply share space and a set of rules which govern coexistence

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