Gender, Sexuality, and the Law

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“most everyone who will someday recognize, acknowledge, and perhaps respond to homosexual desire will have been raised by non-gay parents, in a non-gay family, among non-gay people. We live our youths in alien, and often quite threatening, territory, isolated outcasts dreaming of escape to San Francisco, or to the nearest big city. But ours is a uniquely tragic diaspora: even as one generation makes it home, the next is invariably born dispersed, doomed to repeat the hejira, the pattern of solitary self-discovery and frenzied flight so unremitting as to be worthy of Sisyphus. Our young people will, therefore, again and again, wash up orphans on Harvard’s shores, in search not only of love, but self-worth, guidance, and acceptance, of, in short, a home.”

William B. Rubenstein, My Harvard Law School (via legalstudies159)

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What is the point of this blog?

Prior to the landmark decisions of Lawrence v. Texas and Obergefell v. Hodges, there was little positive media representation of the LGBT community.  Rather than seeing role models in the media that they consumed, children found characters that they could not relate to in their struggles for acceptance and identity.  In the years following these decisions, we have seen the increasing media portrayal of LGBT characters, especially in children’s television shows.  In the following posts, we will explore three shows that break gender norms and provide a more diverse cast that children of all age groups can look up to and relate to.  The three shows explored will be The Legend Korra, Steven Universe, and Yuri on Ice!!! I sincerely hope that you enjoy this exploration and discussion of animated media!

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The first series to discuss is an animation created by Michael Dante DiMartino and Bryan Konietzko, The Legend of Korra.  Following the success of the original series, Avatar: The Last Airbender, this science/fantasy, action animation follows a group of young adults in navigating the world recovering from the aftermath of the invasion of a foreign nation.  Facing new challenges, ranging from class conflict and war, the focus of our analysis is the character development of the protagonist Korra, and the development of her bisexual identity through her relationships between Asami and Mako.

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In the following photo set, we see the foreshadowing of the protagonist Korra’s sexual identity.  Despite the show’s focus on larger issues of weapons of mass destruction, PTSD, and socioeconomic struggles, the show also addresses the topic of sexual orientation quite well. By not limiting oneself into the binary of gay/straight, it avoids the common pitfall of the erasure of bisexuality.

What makes the series important in the discussion of the increased prevalence LGBT characters in children’s animations is because the prior series Avatar the Last Airbender had no LGBT-identified individuals, and finished airing in 2008, in between the Lawrence decision and the Obergefell decision.  

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Within the series, the relationship between Mako and Korra are first established.  However, through the progression of the series, they break up, as Asami and Korra become closer and as Asami helps Korra through her mental illness while Mako pursues his profession.  This eventually builds up to the series finale, with the departure of Korra and Asami to a “honeymoon” of sorts, away from the politics and conflict from the war they had just fought.  As creator Bryan Konietzko puts it, “I staged a revision where they turned towards each other, clasping both hands in a reverential manner, in a direct reference to Varrick and Zhu Li’s nuptial pose from a few minutes prior ... I love how their relationship arc took its time, through kindness and caring.”  (http://bryankonietzko.tumblr.com/post/105916338157/korrasami-is-canon-you-can-celebrate-it-embrace)

Justice Kennedy describes same-sex marriage in Obergefell v. Hodges in a similar fashion, as an “enduring bond, [through which] two persons together can find other freedoms, such as expression, intimacy, and spirituality.”  Following a similar vein, the Legend of Korra series also upholds the sanctity of that bond, and Konietzko admits, “How do I know we can’t openly depict that [a non-heterosexual relationship]? No one ever explicitly said so. It was just another assumption based on a paradigm that marginalizes non-heterosexual people. If we want to see that paradigm evolve, we need to take a stand against it.”  (Ibid.)  

Furthermore, the depiction of Korra and Asami in the caring, supportive relationship evokes the imagery of Edith Windsor and Thea Spyer, especially after a Korra suffered an assassination attempt, as well as subsequent struggles against poisoning and mental illness as a result of the attempted assassination.  Through this, Asami was much like Edith in the role of the protector and steadfast presence for Korra.  Although unintentional, I believe that it was important to frame their relationship of the two much like a heterosexual dynamic, much like the framing of the facts of the case for Windsor and Spyer’s relationship in United States v. Windsor.  When Konzietzko mentions that this series was not necessarily a “slam-dunk for queer representation,” (given the confirmation of their relationship in the last episode) it also relates to how the two characters are framed, with Korra displaying more masculine characteristics, and Asami the more traditionally feminine characteristics and appearance. However, given the time that this series was ending, it is understandable for the need to conform the dynamic of their relationship to the heterosexual binary.

To give further context, the series was completed in December of 2014, prior to the June 2015 decision of Obergefell.  At the time, the portrayal of a non-heterosexual relationship not only ran the risk of public disapproval, but it also was a tough sell with the production company, Nickelodeon.  Despite the fears of public outcry, the show still ran its airing, giving its young adult viewership exposure to the protagonists of the series being in a non-heterosexual relationship.

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Korrasami is canon. You can celebrate it, embrace it, accept it, get over it, or whatever you feel the need to do, but there is no denying it. That is the official story. We received some wonderful press in the wake of the series finale at the end of last week, and just about every piece I read got it right: Korra and Asami fell in love. Were they friends? Yes, and they still are, but they also grew to have romantic feelings for each other. Was Korrasami “endgame,” meaning, did we plan it from the start of the series? No, but nothing other than Korra’s spiritual arc was. Asami was a duplicitous spy when Mike and I first conceived her character. Then we liked her too much so we reworked the story to keep her in the dark regarding her father’s villainous activities. Varrick and Zhu Li weren’t originally planned to end up as a couple either, but that’s where we took the story/where the story took us. That’s how writing works the vast majority of the time. You give these characters life and then they tell you what they want to do. I have bragging rights as the first Korrasami shipper (I win!). As we wrote Book 1, before the audience had ever laid eyes on Korra and Asami, it was an idea I would kick around the writers’ room. At first we didn’t give it much weight, not because we think same-sex relationships are a joke, but because we never assumed it was something we would ever get away with depicting on an animated show for a kids network in this day and age, or at least in 2010. Makorra was only “endgame” as far as the end of Book 1. Once we got into Book 2 we knew we were going to have them break up, and we never planned on getting them back together. Sorry, friends. I like Mako too, and I am sure he will be just fine in the romance department. He grew up and learned about himself through his relationships with Asami and Korra, and he’s a better person for it, and he’ll be a better partner for whomever he ends up with. Once Mako and Korra were through, we focused on developing Korra and Asami’s relationship. Originally, it was primarily intended to be a strong friendship. Frankly, we wanted to set most of the romance business aside for the last two seasons. Personally, at that point I didn’t want Korra to have to end up with someone at the end of series. We obviously did it in Avatar, but even that felt a bit forced to me. I’m usually rolling my eyes when that happens in virtually every action film, “Here we go again…” It was probably around that time that I came across this quote from Hayao Miyazaki: “I’ve become skeptical of the unwritten rule that just because a boy and girl appear in the same feature, a romance must ensue. Rather, I want to portray a slightly different relationship, one where the two mutually inspire each other to live - if I’m able to, then perhaps I’ll be closer to portraying a true expression of love.” I agree with him wholeheartedly, especially since the majority of the examples in media portray a female character that is little more than a trophy to be won by the male lead for his derring-do. So Mako and Korra break the typical pattern and end up respecting, admiring, and inspiring each other. That is a resolution I am proud of. However, I think there needs to be a counterpart to Miyazaki’s sentiment: Just because two characters of the same sex appear in the same story, it should not preclude the possibility of a romance between them. No, not everyone is queer, but the other side of that coin is that not everyone is straight. The more Korra and Asami’s relationship progressed, the more the idea of a romance between them organically blossomed for us. However, we still operated under this notion, another “unwritten rule,” that we would not be allowed to depict that in our show. So we alluded to it throughout the second half of the series, working in the idea that their trajectory could be heading towards a romance. But as we got close to finishing the finale, the thought struck me: How do I know we can’t openly depict that? No one ever explicitly said so. It was just another assumption based on a paradigm that marginalizes non-heterosexual people. If we want to see that paradigm evolve, we need to take a stand against it. And I didn’t want to look back in 20 years and think, “Man, we could have fought harder for that.” Mike and I talked it over and decided it was important to be unambiguous about the intended relationship. We approached the network and while they were supportive there was a limit to how far we could go with it, as just about every article I read accurately deduced. It was originally written in the script over a year ago that Korra and Asami held hands as they walked into the spirit portal. We went back and forth on it in the storyboards, but later in the retake process I staged a revision where they turned towards each other, clasping both hands in a reverential manner, in a direct reference to Varrick and Zhu Li’s nuptial pose from a few minutes prior. We asked Jeremy Zuckerman to make the music tender and romantic, and he fulfilled the assignment with a sublime score. I think the entire last two-minute sequence with Korra and Asami turned out beautiful, and again, it is a resolution of which I am very proud. I love how their relationship arc took its time, through kindness and caring. If it seems out of the blue to you, I think a second viewing of the last two seasons would show that perhaps you were looking at it only through a hetero lens. Was it a slam-dunk victory for queer representation? I think it falls short of that, but hopefully it is a somewhat significant inching forward. It has been encouraging how well the media and the bulk of the fans have embraced it. Sadly and unsurprisingly, there are also plenty of people who have lashed out with homophobic vitriol and nonsense. It has been my experience that by and large this kind of mindset is a result of a lack of exposure to people whose lives and struggles are different from one’s own, and due to a deficiency in empathy––the latter being a key theme in Book 4. (Despite what you might have heard, bisexual people are real!) I have held plenty of stupid notions throughout my life that were planted there in any number of ways, or even grown out of my own ignorance and flawed personality. Yet through getting to know people from all walks of life, listening to the stories of their experiences, and employing some empathy to try to imagine what it might be like to walk in their shoes, I have been able to shed many hurtful mindsets. I still have a long way to go, and I still have a lot to learn. It is a humbling process and hard work, but nothing on the scale of what anyone who has been marginalized has experienced. It is a worthwhile, lifelong endeavor to try to understand where people are coming from. There is the inevitable reaction, “Mike and Bryan just caved in to the fans.” Well, which fans? There were plenty of Makorra shippers out there, so if we had gone back on our decision and gotten those characters back together, would that have meant we caved in to those fans instead? Either direction we went, there would inevitably be a faction that was elated and another that was devastated. Trust me, I remember Kataang vs. Zutara. But one of those directions is going to be the one that feels right to us, and Mike and I have always made both Avatar and Korra for us, first and foremost. We are lucky that so many other people around the world connect with these series as well. Tahno playing trombone––now that was us caving in to the fans! But this particular decision wasn’t only done for us. We did it for all our queer friends, family, and colleagues. It is long overdue that our media (including children’s media) stops treating non-heterosexual people as nonexistent, or as something merely to be mocked. I’m only sorry it took us so long to have this kind of representation in one of our stories. I’ll wrap this up with some incredible words that Mike and I received in a message from a former Korra crew member. He is a deeply religious person who devotes much of his time and energy not only to his faith, but also to helping young people. He and I may have starkly different belief systems, but it is heartwarming and encouraging that on this issue we are aligned in a positive, progressive direction: “I’ve read enough reviews to get a sense of how it affected people. One very well-written article in Vanity Fair called it subversive (in a good way, of course)… I would say a better word might be “healing.” I think your finale was healing for a lot of people who feel outside or on the fringes, or that their love and their journey is somehow less real or valuable than someone else’s… That it’s somehow less valid. I know quite a few people in that position, who have a lifetime of that on their shoulders, and in one episode of television you both relieved and validated them. That’s healing in my book.” Love, Bryan

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I think it is worth noting that in the process of crafting the ending of the Legend of Korra series, there was considerable effort required to not only greenlight production but also to respect the nature of the relationship. Furthermore, I know that when it comes to the writing of non-heterosexual relationships, there is an implicit higher standard (if I dare say a stricter scrutiny) for the show to pass the company executives.  This is similar to the kinds of questions asked for the Obergefell v. Hodges, of whether there is a compelling reason for this relationship, and whether if satisfies the functions of a heterosexual relationship.  However, this standard is not held to heterosexual relationships, rather, heterosexual relationships can be written into the plot for no reason, whereas any other relationship has intense scrutiny put upon it to prove its worth.  I think with writers pushing against this standard and insisting for meaningful depictions of non-heterosexual relationships, it has created an industry standard that exposes youth to more experiences, and foster empathy and understanding of differing lifestyles.

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In the next series, we will be discussion Steven Universe, an ongoing children’s cartoon about extraterrestrial beings that protect Earth from invasion, going over themes of sexuality, relationships, identity, and war.  What is notable about this series is its divergence from gender norms and its approach to delving into the relationships between characters, revealing non-heterosexual relationships and the richness in the exploration of these characters.

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In the next series, we will be discussion Steven Universe.  Starting in 2013, this ongoing series progresses from a run-of-the-mill show into a show that delves into themes of sexuality, relationships, identity, and war. What is notable about this series is its divergence from gender norms and its approach to delving into the relationships between characters, revealing non-heterosexual relationships and the richness in the exploration of these characters.

The series features 4 protagonists, Steven, Pearl, Garnet, and Amethyst.  For the purposes of the discourse today in exploring LGBT representation and gender roles, we will be focusing on Steven, Pearl, and Garnet.  The show is premised on female extraterrestrial beings, known as “Gems”, rebelling against their home world in order to protect Earth from being destroyed for its resources.  The leader of rebellion, Rose Quartz, had a son, who wields her powers and has Pearl, Garnet, and Amethyst as his adoptive parents.     

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The first aspect the show addresses are the defiance of gender norms, as shown with the protagonist Steven, as well as his friend Connie Maheswaran.  from the conception of the character, Steven Universe’s primary colors are pink and wields a shield as his preferred weapon.  Furthermore, his other abilities such as healing and floating are all abilities that are supportive and eschews violence.  Furthermore, as a character, Steven is unafraid to express more feminine actions, such as singing and wearing a dress, but still enjoys playing football and playing video games, activities that people usually associate with more masculine activities.

In contrast, Connie is proficient with a sword and is more athletic.  Through this we can see how gender is being reconstructed, as Judith Butler notes, “gender proves to be performative”; by inverting gender roles, Steven Universe is part of the process by which identities are being reformed and renegotiated.  I think that creator Rebecca Sugar’s intent to show viewers that performing outside of gender norms is acceptable in the world she crafts, perhaps changing the values of the viewers as well.  Because media is also part of culture, I also see this as a shift in culture to a view of a society with less strict gender roles and a focus on self and what constitutes the self, closely relating to post-liberal theories of sexuality.  Tapping into the Foucaultian discourse of “judico-discursive power”, this is an example of social systems that have interacted with law, pertaining to the regulation of what is considered obscene or inappropriate for youth television programs, as well as media systems that interpret the regulation of obscenity.

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Next in the discourse of Steven Universe in relation to law is the representation of relationships within the show.  (From left to right, Ruby, Garnet, and Sapphire)  On September 4, 2016, Rebecca Sugar was interviewed on PBS about the discussion of her show, as well as the depiction of the character Garnet, who is revealed to be a fusion of two Gems, Ruby and Sapphire.  Within the show, fusion is the fusing of two or more Gems to form a new individual, representative of a relationship.  Through this representation of a same-sex relationship, Sugar begins normalizing the presence of same-sex relationships.  In the case of this “fusion,” Garnet is considered a “stable fusion,” capable of remaining one entity indefinitely for prolonged periods of time.  As Sugar puts it, “what I was really excited about was finding a way to talk about relationships that would be fun and exciting and action-oriented in this show that’s primarily targeted at six to 11 year old boys.”  By finding a suitable medium to show viewers non-heterosexual relationships, Sugar succeeds in normalizing different types of relationships.  I believe that this type of media is likely due in part to the Obergefell v. Hodges decision because the framing of Kennedy’s description of marriage to be not only limited to heterosexual couples was not only depicting a shift in social attitudes, but also set a precedent valorizing the values of non-heterosexual marriage and holding it equal to conventional marriage.

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Rebecca Sugar, Cartoon Network's first female creator, on writing LGBTQ stories for kids

Rebecca Sugar, creator of Steven Universe, spoke with us about her new book, attitudes toward LGBTQ themes in children's media and her personal history with fairy tales.

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The final series to discuss is the most recent, the 2016 fall season of Yuri on Ice, a Japanese animation that follows on the skating season of Yuuri Katsuki, a professional Japanese figure skater performing his last season. His spirited performance in the pre-season convinces his longtime idol, figure skating legend, and competitor Victor NIkiforov to take a season off to coach Yuuri.  Besides being an animation focusing on figure skating, this is also the story of the relationship between these two individuals.  However, unlike other animations, this series does not equate their sexual orientation as the entirety of their identity, but rather a part of the relationship they develop.  In the series, there is no mention of homosexuality or heterosexuality.  Rather, it focuses on the relationships that are forged between individuals.  The selection of this animation for discussion today is to discuss how the warm reception in the United States has a correlation with changes in laws regarding same-sex marriage, as well as discussion of the avoidance of politicizing sexuality and humanization of these characters.

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In this moment, it is shown that the relationship between Yuuri and Victor are in the process of developing, from competitors to student and coach, and eventually, to lovers, this scene in episode four of the animation shows that reflected in Kennedy opinion of Obergefell that even in same-sex relationships, there are attributes that are not simply for procreation, but of higher values that no other type of relation can satisfy.  Additionally, the focus of their love around their passion of skating takes away their identity of being seen as two men together, but as two professional skaters falling in love through the series.  As an interesting note, throughout the series the gender neutral term of significant other is used, 恋人(koibito) rather than a sexed term for a lover.  I think this is significant in the discourse of this series, as the writer Mitsurou Kubo wants the viewers to first and foremost consider them as professional skaters, people, before labeling their identity.  This humanizing aspect reflects changes in societal values towards same-sex relationships, rather than just terms of sodomy and mental illness.  If viewed via the lens of Bowers v. Hardwick, there would be the view that this scene would be the promotion of homosexuality, which is linked to sodomy, and would be considered illegal.  Through the lens of consequentialism, one would find that this relationship by virtue is wrong, and should not be supported.  However, due to shifts within the court, as well as shifts in societal views, we can see how we can see their relationships as a relationship between two people, rather a homosexual relationship.  I thnk that this animation does an excellent job in the normalization of non-heterosexual relationships, by showing that the parties involved are first and foremost people, not the identities they are defined by.

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In this photo set, we can see the appearance of a public display of affection between two males, something seldom seen in children’s animation, and something even less common in Japanese media.  What was so shocking about this series was how these romantic tropes commonly associated with heterosexual couples were employed on a homosexual couple, without any mention of homosexuality.  Rather, it was a focus on the individuals as simply people that are in love.  This humanizing aspect was part of our discourse in LGBT art, and I would say that this too has a quasi-political message in the normalization of LGBT relationships, that it is perfectly fine to have non-heterosexual relationships, and by framing it in a world that has no prejudice against their relationship, nor any mention of homosexuality, set an example, or “ideal world” where these kinds of relationships can not only be accepted, but not placed the double standard of being a homosexual relationship.  It too can join the charmed circle and not face the increased scrutiny of others.

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Conclusion

In conclusion, I believe that with the passage of Obergefell, Lawrence, and cases that favor LGBT rights, there has been a great expansion in LGBT representation, especially in children’s media.  Through the three series discussed today, I hope that we no longer have to face the journey alone, and that we see that the world is not so confusing as it seems, that we no longer have to travel this “hejira” alone, to wash up on some shore before we find who we are.