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Full-Text Articles in Law
Marriage Equality For Same-Sex Couples: Where We Are And Where We Are Going, Jennifer Levi
Marriage Equality For Same-Sex Couples: Where We Are And Where We Are Going, Jennifer Levi
Faculty Scholarship
The legal landscape for same-sex couples seeking to marry has shifted dramatically over the last five years. On October 10, 2008, the Connecticut Supreme Court became the third state high court to rule that its state constitution could not sustain a statutory framework that excludes same-sex couples from marrying, following the Massachusetts Supreme Judicial Court on November 18, 2003, and the California Supreme Court on May 15, 2008. Same-sex couples throughout the country have gotten married in Connecticut, Massachusetts, California, and in other countries throughout the world that provide full marriage equality, including in Canada. The Author discusses the developments …
Instant (Gender) Messaging: Expression-Based Challenges To State Enforcement Of Gender Norms, Taylor Flynn
Instant (Gender) Messaging: Expression-Based Challenges To State Enforcement Of Gender Norms, Taylor Flynn
Faculty Scholarship
Most challenges to state enforced conformity with gender norms are almost solely status-based equality claims. Given that a common term deployed by members of the trans community and in antidiscrimination laws is "gender identity and expression," situating such challenges in expression may, at first glance, appear to be little more than linguistic legerdemain. An understanding of gender as expressive, however, helps capture an often unarticulated, yet central aspect, of the harm enforced conformity inflicts on trans persons---compelled expression of the state's gender message over their profound objection. Consider governmental insistence that a trans student or employee present herself, through dress …