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The house of Windsor: Accentuating the heteronormativity in the tax incentives for procreation

Infanti, AC (2014) The house of Windsor: Accentuating the heteronormativity in the tax incentives for procreation. Washington Law Review, 89 (4). 1185 - 1233. ISSN 0043-0617

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Following the Supreme Court’s decision in United States v. Windsor, many seem to believe that the fight for marriage equality at the federal level is over and that any remaining work in this area is at the state level. Belying this conventional wisdom, this Article plumbs the gap between the promise of Windsor and the reality that heteronormativity has been one of the core building blocks of the federal tax system. Eradicating embedded heteronormativity will take far more than a single court decision (or even revenue ruling); it will take years of work uncovering the subtle ways in which heteronormativity pervades the federal tax laws and of identifying means of eliminating that heteronormativity. To further this work and in keeping with the theme of this symposium issue, Compensated Surrogacy in the Age of Windsor, this Article explores the unremitting heteronormativity of the federal tax incentives for procreation as they apply to compensated surrogacy, which is the only practical option for gay couples wishing to procreate.


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Item Type: Article
Status: Published
CreatorsEmailPitt UsernameORCID
Infanti, ACinfanti@pitt.eduINFANTI0000-0002-4278-6887
Date: 1 January 2014
Date Type: Publication
Access Restriction: No restriction; Release the ETD for access worldwide immediately.
Journal or Publication Title: Washington Law Review
Volume: 89
Number: 4
Page Range: 1185 - 1233
Institution: University of Pittsburgh
Schools and Programs: School of Law > Law
School of Law > Law > Faculty Publications
Refereed: No
ISSN: 0043-0617
Related URLs:
Date Deposited: 12 May 2015 19:48
Last Modified: 30 Mar 2021 13:55


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