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Bridging Bisexual Erasure In Lgbt-Rights Discourse And Litigation, Nancy C. Marcus
Bridging Bisexual Erasure In Lgbt-Rights Discourse And Litigation, Nancy C. Marcus
Michigan Journal of Gender & Law
LGBT rights are at the forefront of current legal news, with “gay marriage” and other “gay” issues visible beyond dispute in social and legal discourse in the 21st Century. Less visible are the bisexuals who are supposedly encompassed by the umbrella phrase “LGBT” and by LGBT-rights litigation, but who are often left out of LGBTrights discourse entirely. This Article examines the problem of bisexual invisibility and erasure within LGBT-rights litigation and legal discourse. The Article surveys the bisexual erasure legal discourse to date, and examines the causes of bisexual erasure and its harmful consequences for bisexuals, the broader LGBT community, …
Doma And Diffusion Theory: Ending Animus Legislation Through A Rational Basis Approach, David J. Herzig
Doma And Diffusion Theory: Ending Animus Legislation Through A Rational Basis Approach, David J. Herzig
Akron Law Review
The purpose of this Article is to expand the scope of the discussion from one of morality to include a sociological approach, called Diffusion Theory...Section II of this Article explains Diffusion Theory. Section III explores the background of DOMA and the factual background in which DOMA is being challenged by the states and private citizens. Section IV discusses the fundamentals behind the Florida adoption ban and how the change in the message by the challengers has proven effective. The final part, Section V, analyzes whether the approach should center on the inevitability of the change, as reflected in the Justice …