Abstract
This essay examines the unique challenges faced by bisexual individuals in the legal system and explores how storytelling can serve as an effective tool to combat bisexual erasure and stereotyping in jurisprudence. Despite comprising the largest demographic within the LGBTQ community, bisexual individuals are significantly underrepresented in legal discourse and case law. This essay identifies three primary challenges affecting bisexual legal recognition: erasure (the denial of bisexuality as an orientation), stereotyping (harmful assumptions about bisexual individuals), and interest divergence (conflicting priorities with both heterosexual and homosexual communities). Through detailed case analysis, this essay will demonstrate how these challenges have resulted in adverse legal outcomes for bisexual individuals, particularly in immigration and family law contexts. This essay argues that storytelling, as a fundamental human communication tool, can humanize bisexual experiences for judges and juries by highlighting the normalcy of bisexual existence rather than emphasizing differences. By incorporating storytelling into litigation strategies, advocates can help build a more inclusive and accurate jurisprudence that acknowledges the complexity and legitimacy of bisexual identity.
Recommended Citation
Eliot T. Tracz, The Role of Storytelling in Bisexual Jurisprudence, 45 Pace L. Rev. 599 (2025)DOI: https://doi.org/10.58948/2331-3528.2112
Available at: https://digitalcommons.pace.edu/plr/vol45/iss2/8
Included in
Courts Commons, Jurisprudence Commons, Law and Gender Commons, Law and Society Commons, Sexuality and the Law Commons
