Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Sexual Orientation At The Crossroads, Johan D. Van Der Vyver
Sexual Orientation At The Crossroads, Johan D. Van Der Vyver
Marquette Benefits and Social Welfare Law Review
The decision of the U.S. Supreme Court in the case of Bostock v. Clayton County that sexual orientation is included in the concept of “sex” in the non-discrimination provisions of the Civil Rights Act of 1964 is historically indefensible. The Civil Rights Act was initiated by President John F. Kennedy to combat racial discrimination in the workplace and the word “sex” was included in the Act by a “claque of Southern Congressmen” as part of a filibuster attempt to prevent its enactment. It was accepted by proponents of the Act on the instructions of President Johnson merely to avoid the …
Gender Confirmation Surgery And The Federal Prison System: Eighth Amendment Framework And Proposed Alternatives, Julie Barnett
Gender Confirmation Surgery And The Federal Prison System: Eighth Amendment Framework And Proposed Alternatives, Julie Barnett
Marquette Benefits and Social Welfare Law Review
As reform for individuals with gender dysphoria has developed, the prison system's accommodation of those individuals' needs has underperformed. There have been a number of cases in the past few years where inmates who are experiencing gender dysphoria have not received adequate care in the form of gender confirmation surgery. Four of the Federal Appellate Circuit Courts have decided that a physician's refusal to provide an inmate with gender confirmation surgery is not a violation of the 8th Amendment. One circuit ruled differently and held that denial of the surgery to an inmate experiencing gender dysphoria does violate the 8th …
Comment: Transgender Employment Discrimination Equality In Wisconsin: The Demise Of A Former Lgbtiq+ Rights Trailblazer, Alexandra A. Klimko
Comment: Transgender Employment Discrimination Equality In Wisconsin: The Demise Of A Former Lgbtiq+ Rights Trailblazer, Alexandra A. Klimko
Marquette Benefits and Social Welfare Law Review
Wisconsin, once known as “The Gay Rights State” and a
pioneer of the LGBTIQ+ civil rights movement, has
disappointingly failed to create transgender-inclusive
employment discrimination legislation, much like the majority of
American states. As a result, Wisconsin transgender employees
face shocking workplace discrimination with saddening
repercussions felt by transgender individuals who call Wisconsin
home. This Comment identifies the federal, state, and city
approaches that have extended equal employment
discrimination legal protections to transgender workers in the
United States. Further, this Comment urges the Wisconsin
legislature to incorporate “gender identity or expression” to
Wisconsin’s Fair Employment Act as a non-discrimination
category, …