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Full-Text Articles in Feminist, Gender, and Sexuality Studies
La Búsqueda De Una Agenda En Común: Una Mirada Feminista A Las Organizaciones Lgbti En Nicaragua, Rachel Crane
La Búsqueda De Una Agenda En Común: Una Mirada Feminista A Las Organizaciones Lgbti En Nicaragua, Rachel Crane
Independent Study Project (ISP) Collection
In the global context, we are amidst a rapidly changing rights landscape for people who identify as lesbian, gay, bisexual and transgender (LGBT) as more and more governments begin to recognize same-gender partnerships. This gain in LGBT rights worldwide is in no small part to the political organizing and lobbying done by LGBT-rights organizations. Nicaragua’s history with gaining LGBT rights is relatively new, as the government did not repeal the anti-sodomy law here until 2008, thus stagnating the fight for acceptance in the country. As it stands, Nicaragua has a few legal protections for LGBT people, but they continue to …
Civil Rights Reform And The Body, Tobias Barrington Wolff
Civil Rights Reform And The Body, Tobias Barrington Wolff
All Faculty Scholarship
Discrimination on the basis of gender identity or expression has emerged as a major focus of civil rights reform. Opponents of these reforms have structured their opposition around one dominant image: the bathroom. With striking consistency, opponents have invoked anxiety over the bathroom -- who uses bathrooms, what happens in bathrooms, and what traumas one might experience while occupying a bathroom -- as the reason to permit discrimination in the workplace, housing, and places of public accommodation. This rhetoric of the bathroom in the debate over gender-identity protections seeks to exploit an underlying anxiety that has played a role in …
Privacy Torts: Unreliable Remedies For Lgbt Plaintiffs, Anita L. Allen
Privacy Torts: Unreliable Remedies For Lgbt Plaintiffs, Anita L. Allen
All Faculty Scholarship
In the United States, both constitutional law and tort law recognize the right to privacy, understood as legal entitlement to an intimate life of one’s own free from undue interference by others and the state. Lesbian, gay, bisexual, and transgender (“LGBT”) persons have defended their interests in dignity, equality, autonomy, and intimate relationships in the courts by appealing to that right. In the constitutional arena, LGBT Americans have claimed the protection of state and federal privacy rights with a modicum of well-known success. Holding that homosexuals have the same right to sexual privacy as heterosexuals, Lawrence v. Texas symbolizes the …
"Closet Case": Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren L. Hutchinson
"Closet Case": Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren L. Hutchinson
Faculty Articles
This Article argues that the Supreme Courts decision in Boy Scouts of America v. Dale misapplies and ignores controlling First Amendment precedent and incorrectly dermes "sexual identity" as a clinical or biological imposition that exists apart from expression or speech. This Article provides a doctrinal alternative to Dale that would protect vital interests in both equality and liberty and that would not condition, as does Dale, sexual "equality" upon the silencing of gay, lesbian, bisexual, and transgender individuals.