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Constitutional Law

Golden Gate University School of Law

Sex discrimination

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Divinity Vs. Discrimination: Curtailing The Divine Reach Of Church Authority, Whitney Ellenby Sep 2010

Divinity Vs. Discrimination: Curtailing The Divine Reach Of Church Authority, Whitney Ellenby

Golden Gate University Law Review

Church authority to practice gender discrimination in employment decisions represents the collision of principles of religious liberty on one hand, and the need to eradicate invidious discrimination on the other. In order to secure the free exercise of religion, the First Amendment prohibits legislation which interferes with or significantly abridges religious belief or conduct. To the extent that employment decisions represent the extension of religious belief, churches have a strong claim of immunity from judicial review of their decisions. Title VII of the Civil Rights Act of 1964 thus exempts religious entities from civil liability when their discriminatory conduct is …


Judicial Indifference To Pornography's Harm: American Booksellers V. Hudnut, Penelope Seator Sep 2010

Judicial Indifference To Pornography's Harm: American Booksellers V. Hudnut, Penelope Seator

Golden Gate University Law Review

This paper will evaluate the opinions of the district court and the Seventh Circuit that held that an Indianapolis ordinance violated the first amendment, with particular attention to the courts' treatment of the demonstrated harms of pornography (II). The paper argues that pornography is a practice of discrimination through which women are subordinated on the basis of sex (III). When pornography is understood in the context of social reality, it is seen as a practice of sex discrimination, just as racial segregation is understood as a practice of race discrimination when it and its meaning are seen in the context …


A Litigation Strategy On Behalf Of The Outstanding High School Female Athelete, Donna J. Hitchens Aug 2010

A Litigation Strategy On Behalf Of The Outstanding High School Female Athelete, Donna J. Hitchens

Golden Gate University Law Review

No abstract provided.