Butler, Judith. “Quandaries of the Incest Taboo” (2000) in Undoing Gender. 2004, 152-160.
To insist that kinship is inaugurated through linguistic and symbolic means which are emphatically not social is, I believe, to miss the point that kinship is a contingent social practice. In my view, there is no symbolic position of Mother and Father that is not precisely the idealization and ossification of contingent cultural norms. 158
Thus, the law that would secure the incest taboo as the foundation of symbolic family structure states the universality of the incest taboo as well as its necesary symbolic consequences. One of the symblic consequences of the law so formulated is precisely the derealization of lesbian and gay forms of parenting, singly-mother households, blended family arrangements in which there may be more than one mother or father, where the symblic position is itself dispersed and rearticulated in new social formations.
If one holds to the enduring symbolic efficacy of this law, then it seems to me that it becomes difficult, if not impossible, to conceive of incestuous practice as taking place. It also becomes difficult if not impossible, to conceive of the psychic place of the parent or parents in ways that challenge heterosexual normativity. Whether it is a challenge to the universality of exogamic heterosexuality from within (through incest) or from rival social organizations of sexuality (lesbian, gay, bisexual, as well as nonmonogamous), each of these departures from the norm becomes difficult to acknowledge within the scheme that claims that the efficacious incest taboo determines the field of sexual intelligibility. In a sense, incest is disavowed by the law on incest, and the forms of sexuality that emerge at a distance from the norm become unintelligible (sometimes, for instance, even psychosis-inducing, as when analysts argue in the structuralist vein that same-sex parenting risks psychosis in the children who are raised under such conditions). 158
It might then be necessary to rethink the prohibition on incest as that which sometimes protects against a violation, and sometimes becomes the very instrument of a violation. What counters the incest taboo offends not only because it often involves the exploitation of those whose capacity for consent is questionable, but because it exposes the aberration in normative kinship, an aberration that might also, importantly, be worked against the strictures of kinship to force a revision and expansion of those very terms. If psychoanalysis, in its theory and practice, retains heterosexual norms of kinship as the basis of its theorization, if it accepts these norms as coextensive with cultural intelligibility, then it, too, becomes the instrument by which this melancholia is produced at a cultural level. Or if it insists that incest is under taboo and, therefore, could not exist, what forfeiture of analytic responsibility toward psychic suffering is thereby performed? These are both surely discontents with which we do not need to live. 160