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Divorcing Gender From Marriage: A Feminist Perspective On The Jurisprudence Of Transgendered Marriage, Michelle Cass
Divorcing Gender From Marriage: A Feminist Perspective On The Jurisprudence Of Transgendered Marriage, Michelle Cass
DePaul Journal of Women, Gender and the Law
Sex is an immutable characteristic; says who? As transgendered people and LGBTQQ (lesbian, gay, bisexual, transgender, queer, questioning) issues gain more traction and recognition, the clear contours of sex and gender are fading, and a more fluid concept of gender is emerging. However, the American legal system lags behind the mutability of gender in an environment where the conceptualization and understanding of gender is becoming ever more nuanced and complex. This is most apparent in the law’s treatment of transgendered marriage: a marriage involving at least one person who identifies as transgendered. A transgendered person can be defined as a …
Fifty Shades Of Oppression: Sadomasochism, Feminism, And The Law, Jacqueline Horn
Fifty Shades Of Oppression: Sadomasochism, Feminism, And The Law, Jacqueline Horn
DePaul Journal of Women, Gender and the Law
Can sadomasochism (S/M) be reconciled with feminism? When pain is pleasure and humiliation is empowerment, how should the law respond? This article investigates S/M under the legal gaze, particularly the manner in which legal theory and legal practice have constructed female masochism. This article argues that the jurisprudence of S/M is formed by the perception of the “sexual other” as a threat to the normative sexual behavior the law has worked tirelessly to maintain. Historically, society – and by extension the law – has been intolerant of behavior that transgresses sexual norms. As Laura A. Rosenbury and Jennifer E. Rothman …
We Are Family? Examining Parental Leave And Non-Normative Parents In The United States, Samantha Odyniec
We Are Family? Examining Parental Leave And Non-Normative Parents In The United States, Samantha Odyniec
DePaul Journal of Women, Gender and the Law
This article will examine parental leave and the non-normative parent. Parental leave in the United States is currently a hot-button issue. With so much focus on the “Opt-Out” Generation, “Leaning In,” and whether women can in fact “have it all,” the issues faced by parents who are not educated, upper class, and in a heterosexual marriage relationship with the biological father are often ignored in the discussion of how the law is lacking. Instead, the discussion has focused on women at the top echelon of employment. In doing this, a large segment of the population is being completely left out …