“In the new generation, discrimination directs itself not against the entire group, but against the subset of the group that fails to assimilate to mainstream norms.”
Kenji Yoshino is a legal scholar of civil rights, known for his work on gay rights and marriage equality. Covering addresses what he perceives to be the next frontier for civil rights. Yoshino attributes the term “covering” to Erving Goffman’s 1963 book, Stigma, from which he quotes, “passing pertains to the visibility of a particular trait, while covering pertains to its obtrusiveness.” Despite the significant progress made for civil rights in general, and gay rights in particular, Yoshino was left feeling that the transformation was incomplete, and that there were gaps yet to bridge to achieve true acceptance. American culture has largely moved past the demand that gay people convert to being straight (conversation therapy) and even somewhat past the demand that gay people pass for straight within society (don’t ask, don’t tell). Today, the gay people who are most often penalized for their identity are those who act “too gay,” who refuse to cover behavioural aspects of their identity in order to make those around them more comfortable. In the legal sphere, Yoshino cites numerous cases in which “courts have often interpreted these [civil rights] laws to protect statuses but not behaviors, being but not doing,” thus creating a legal enforcement of this state of affairs.
Yoshino is arguing not only for our rights to our identities, but our rights to say and express those identities, and reject demands to convert, pass, or cover our differences. He identifies four areas where covering takes place, including appearance, affiliation, activism, and association. He also delves deep into the possible problems and potential pitfalls of protecting behaviour as well as identity. First, he acknowledges the complexity of identifying what counts as covering. For example, for some members of the gay community, gay marriage might be considered a form of covering because it asks them to assimilate to straight cultural norms by adopting a straight cultural institution that is not compatible with their values or preferences. Yoshino also stresses that rejecting covering cannot come with an inverse demand that minorities act “gay enough” or “black enough,” thus inadvertently reinforcing stereotypes. “My ultimate commitment is to autonomy as a means of achieving authenticity, rather than to a fixed conception of what authenticity must be,” he concludes.
As a gay Japanese American, Yoshino is able to personally touch on covering as it pertains to both race and sexual identity, and he weaves his personal experiences into these discussions, sharing how he continued to cover aspects of his identity long after he came out to his parents. However, he also addresses gender and disability, even though he does not personally experience these covering demands. He identifies a unique double-bind experienced by women in the workplace, where they are “pressured to be “masculine” enough to be respected as workers, but “feminine” enough to be respected as women.” Motherhood also offers a unique example of contextual covering. Outside of work, “mothers seems like paragons of normalcy,” but on the job they are “the queers of the workplace,” forced to downplay this aspect of their identity in order to avoid the mommy track.
Although Yoshino is a legal scholar, his style is literary. Because he integrates elements of his own story within the broader argument, it is possible to locate this stylistic choice in his earlier dreams of being a writer or poet. But he chose the law, because “a gay poet is vulnerable in profession as well as person. Law school promised to arm me with a new language, a language I did not expect to be elegant or moving, but I expected to be more potent, more able to protect me.” However, his command of language, both legal and literary, puts him in a unique position to articulate the gaps that remain, and the legal challenges that stand in the way of bridging them.
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