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Articles 1 - 21 of 21
Full-Text Articles in Law
Defamation Per Se And Transgender Status: When Macro-Level Value Judgments About Equality Trump Micro-Level Reputational Injury, Clay Calvert, Ashton T. Hampton, Austin Vining
Defamation Per Se And Transgender Status: When Macro-Level Value Judgments About Equality Trump Micro-Level Reputational Injury, Clay Calvert, Ashton T. Hampton, Austin Vining
UF Law Faculty Publications
This Article uses the September 2017 defamation decision in Simmons v. American Media, Inc. as a springboard for examining defamatory meaning and reputational injury. Specifically, it focuses on cases in which judges acknowledge that plaintiffs have suffered reputational harm yet rule for defendants because promoting the cultural value of equality weighs against redress. In Simmons, a normative, axiological judgment--that the law should neither sanction nor ratify prejudicial views about transgender individuals-- prevailed at the trial court level over a celebrity's ability to recover for alleged reputational harm. Simmons sits at a dangerous intersection: a crossroads where a noble judicial desire …
Hogg, Karen (Fa 842), Manuscripts & Folklife Archives
Hogg, Karen (Fa 842), Manuscripts & Folklife Archives
FA Finding Aids
Finding aid only for Folklife Archives Project 842. This collection “Same Sex Marriage and the Law: An Oral History Project” is comprised of 16 interviews with attorneys--who participated in the 2013 case of Obergefell v. Hodges that challenged Kentucky’s laws related to recognition of same-sex marriages--and couples involved in the movement who sought change and hope for equality.
Retrogressive Anti-Gay Law In Uganda Has Ties To The Us, Lauren Carasik
Retrogressive Anti-Gay Law In Uganda Has Ties To The Us, Lauren Carasik
Media Presence
No abstract provided.
Conferring Dignity: The Metamorphosis Of The Legal Homosexual, Noa Ben-Asher
Conferring Dignity: The Metamorphosis Of The Legal Homosexual, Noa Ben-Asher
Elisabeth Haub School of Law Faculty Publications
The legal homosexual has undergone a dramatic transformation over the past three decades, culminating in United States v. Windsor, which struck down Section 3 of the Defense of Marriage Act (DOMA). In 1986, the homosexual was a sexual outlaw beyond the protection of the Constitution. By 2013, the homosexual had become part of a married couple that is “deemed by the State worthy of dignity.” This Article tells the story of this metamorphosis in four phases. In the first, the “Homosexual Sodomite Phase,” the United States Supreme Court famously declared in Bowers v. Hardwick that there was no right to …
Straight Is Better: Why Law And Society May Legitimately Prefer Heterosexuality, George W. Dent
Straight Is Better: Why Law And Society May Legitimately Prefer Heterosexuality, George W. Dent
Faculty Publications
America is embroiled in a culture war over homosexuality. The homosexual movement demands the end of “heteronormativity” - the social and legal preference for heterosexuality. It insists that “Gay Is Good” - just as good as heterosexuality. This article presents a defense of heteronormativity; it argues that straight is better. In particular, it argues that naturally conceiving, bearing and raising children is intrinsically good for parents; that it is both intrinsically and instrumentally good for children to be raised by their biological parents who are married to each other; and that traditional marriage is both intrinsically and instrumentally good for …
Erasing Boundaries: Masculinities, Sexual Minorities, And Employment Discrimination, Ann C. Mcginley
Erasing Boundaries: Masculinities, Sexual Minorities, And Employment Discrimination, Ann C. Mcginley
Scholarly Works
This Article analyzes the application of employment discrimination law to sexual minorities--lesbians, gays, bisexuals, transgender and intersex individuals. It evaluates Title VII and state anti-discrimination laws' treatment of these individuals, and is the first article to use masculinities research, theoretical and empirical, to explain employment discrimination against sexual minorities. While the Article concludes that new legislation would further the interests of sexual minorities, it posits that it is neither necessary nor sufficient to solving the employment discrimination problems of sexual minorities. A major problem lies in the courts' binary view of sex and gender, a view that identifies men and …
Testing Democracy: Marriage Equality, Citizen-Lawmaking And Constitutional Structure, Francisco Valdes
Testing Democracy: Marriage Equality, Citizen-Lawmaking And Constitutional Structure, Francisco Valdes
Articles
No abstract provided.
Sexual Rights And State Governance, Katherine M. Franke
Sexual Rights And State Governance, Katherine M. Franke
Faculty Scholarship
We sit at an interesting juncture in the evolution (in some cases, devolution) of the idea of sexual rights in international law. For at the very moment that we are experiencing a retraction in both domestic and international commitments to rights associated with sexual and reproductive health, we see sexual rights of a less-reproductive nature gaining greater uptake and acceptance. It is the moral hazard associated with perceived gains in the domain of international rights for lesbians and gay men that I want to address today. In the end, the point I want to bring home is that a particular …
Dimensions Of Equality In Regulating Assisted Reproductive Technologies, Mary Crossley
Dimensions Of Equality In Regulating Assisted Reproductive Technologies, Mary Crossley
Articles
Although concerns about individual liberty and the nature and extent of reproductive freedom have tended to dominate discussions regarding the proliferation of and access to reproductive technologies, questions about the implications of assisted reproductive technologies (ARTs) for equality have also arisen. Despite the high number of invocations of equality in the literature regarding ARTs, to date little effort has been made to comprehensively examine the implications of ARTs for equality. This short Article seeks to highlight the variety of equality issues that ARTs present and to develop a framework for classifying different types of equality issues. Specifically, I suggest that …
"You Are Entering A Gay And Lesbian Free Zone": On The Radical Dissents Of Justice Scalia And Other (Post-) Queers – [Raising Questions About Lawrence, Sex Wars, And The Criminal Law], Bernard Harcourt
Faculty Scholarship
The most renowned substantive criminal law decision of the October 2002 Term, Lawrence v. Texas, will go down in history as a critical turning point in criminal law debates over the proper scope of the penal sanction. For the first time in the history of American criminal law, the United States Supreme Court has declared that a supermajoritarian moral belief does not necessarily provide a rational basis for criminalizing conventionally deviant conduct. The Court's ruling is the coup de grâce to legal moralism administered after a prolonged, brutish, tedious, and debilitating struggle against liberal legalism in its various criminal …
Gay And Lesbian Applicants To The Bar: Even Lord Devlin Could Not Defend Exclusion, Joel J. Finer
Gay And Lesbian Applicants To The Bar: Even Lord Devlin Could Not Defend Exclusion, Joel J. Finer
Law Faculty Articles and Essays
In 1957, the publication of a report to Parliament, the Wolfenden Report, which recommended the repeal of laws criminalizing private homosexual conduct between consenting adults, sparked an intensely debated controversy in political philosophy and jurisprudence. The issue: is society justified in criminalizing behavior which, although causing no secular harm, transgresses widely held moral values? The principal proponent of morals legislation was Lord Patrick Devlin, who responded to the Wolfenden recommendation with a paper disputing the report's premises--that criminal law had no proper business punishing private immorality.Oxford Professor of Jurisprudence H.L.A. Hart, a philosophical successor to the libertarianism of John Stuart …
Brief Against Homophobia At The Bar: To Law School Dean-Mid 1960s, Joel J. Finer
Brief Against Homophobia At The Bar: To Law School Dean-Mid 1960s, Joel J. Finer
Law Faculty Articles and Essays
In the mid-1960s, the author addressed the following "brief" to the Dean of a major law school on behalf of a law student, successfully urging that the Dean not report the student's homosexual activities to the state Bar committee which screened applicants for "good moral character." My own view, to be presently elaborated, is that to deprive a law student of the well-earned fruits of his labor on the basis of psychiatric findings that he might, at some future time commit a homosexual act that might become public and might merely embarrass a client, employer or associate, would manifest gross …
Couples: Marriage, Civil Union, And Domestic Partnership, David L. Chambers
Couples: Marriage, Civil Union, And Domestic Partnership, David L. Chambers
Book Chapters
In this country, during the last decades of the twentieth century, thousands of lesbians married other women and thousands of gay men married other men. Many of these couples recited traditional vows in churches and synagogues. Others have pledged to each other in their own backyards in words that they wrote themselves. But not one of these thousands of solemn occasions was recognized as creating a legally valid marriage. In the United States, each state has its own statute defining who can marry, and as far as the states were concerned, these couples were playing dress up. One state has …
An Army Of Lovers?: Queering The Ministry Of Defense Report Of The Homosexual Policy Assessment Team, Bruce Carolan
An Army Of Lovers?: Queering The Ministry Of Defense Report Of The Homosexual Policy Assessment Team, Bruce Carolan
Articles
Certain queer theorists argue that gay men and lesbians are banned from military service in certain countries not due to a fear of otherness. Instead, they are prohibited from serving precisely because of a fear that the opposite might be true -- that introducing openly gay people into a 'homosocial' environment might destabilize accepted notions of sexuality among members of the service who presently constitute themselves as heterosexual. This article explores that idea in the context of the Report of the Homosexual Policy Assessment Team established to defend exclusion of openly gay people from military service in the United Kingdom. …
Some Thoughts On The Conduct/Status Distinction, Sherry F. Colb
Some Thoughts On The Conduct/Status Distinction, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
Coming Out: Decision-Making In State And Federal Sodomy Cases, Susan Ayres
Coming Out: Decision-Making In State And Federal Sodomy Cases, Susan Ayres
Faculty Scholarship
In 1791, American states were enacting laws against sodomy at the same time they ratified the Bill of Rights, the first ten constitutional amendments meant to safeguard fundamental rights of individuals in a free society. In a March 1789 letter to James Madison, Thomas Jefferson asserted that a bill of rights was necessary to give the judiciary the power to protect such individual rights. Ironically, that which the judiciary gives, it may also take away, since "[t]he legislator is a writer. And the judge a reader."
This Article deconstructs recent sodomy cases in order to challenge judicial adoption or reinscription …
Bowers V. Hardwick, Romer V. Evans, And The Meaning Of Anti-Discrimination Legislation, Marc A. Fajer
Bowers V. Hardwick, Romer V. Evans, And The Meaning Of Anti-Discrimination Legislation, Marc A. Fajer
Articles
No abstract provided.
The Prevalence Of Social Science In Gay Rights Cases: The Synergistic Influences Of Historical Context, Justificatory Citation, And Dissemination Efforts, Patricia J. Falk
The Prevalence Of Social Science In Gay Rights Cases: The Synergistic Influences Of Historical Context, Justificatory Citation, And Dissemination Efforts, Patricia J. Falk
Law Faculty Articles and Essays
Disjunctive legal change is often accompanied by a period of frantic activity as the competing forces of stasis and evolution vie for domination. Nowhere is the battle for legal change likely to be more sharply joined than when the findings of modern science, in their varied and multifarious forms, are pitted directly against prevailing moral or societal precepts. One of the latest incarnations of this trend is the battle over the legal recognition of gay "rights." In recent history, the courts have been inundated by gay litigants seeking the rights and protections already afforded other discrete groups within society. In …
With All Deliberate Speed? A Reply To Professor Sunstein, Marc A. Fajer
With All Deliberate Speed? A Reply To Professor Sunstein, Marc A. Fajer
Articles
No abstract provided.
Some Thoughts On Harassment: A Gay Male Perspective, Marc A. Fajer
Some Thoughts On Harassment: A Gay Male Perspective, Marc A. Fajer
Articles
No abstract provided.
Civil Liberties For Homosexuals: The Law In Limbo, Kenneth Lasson
Civil Liberties For Homosexuals: The Law In Limbo, Kenneth Lasson
All Faculty Scholarship
This article will examine the recent surge in litigation arising from assertions by homosexuals of their constitutional rights - cases that reflect the law in flux and conflict - and will demonstrate that both constitutional principles and social philosophy generally require resolution of the conflicts in favor of equality, without regard to sexual preference.