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Full-Text Articles in Law
Gender-Stereotyping Theory, Freedom Of Expression, And Identity, Carlos A. Ball
Gender-Stereotyping Theory, Freedom Of Expression, And Identity, Carlos A. Ball
William & Mary Bill of Rights Journal
This Article argues that the expressive components of gender-stereotyping theory serve to delink the equality protections afforded by that theory from fixed and predetermined identity categories in helpful and positive ways. Many have viewed American antidiscrimination law as being normatively grounded in the notion that there are certain identities that, because of their stable and immutable characteristics, deserve equality-based protections. Gender-stereotyping theory can help make the normative case for a more pluralistic understanding of equality, one that is grounded in the need to protect the fluid and multiple ways in which gender is performed or expressed rather than focusing, as …
There's Nothing Rational About It: Heightened Scrutiny For Sexual Orientation Is Long Overdue, Daniel J. Galvin Jr.
There's Nothing Rational About It: Heightened Scrutiny For Sexual Orientation Is Long Overdue, Daniel J. Galvin Jr.
William & Mary Journal of Race, Gender, and Social Justice
In this Article, I argue that sexual orientation meets the burden established by Supreme Court jurisprudence for suspect classification and, therefore, should receive heightened scrutiny under Fourteenth Amendment equal protection analysis. After decades of using the fundamental rights analysis to aid lesbian, gay, and bisexual individuals in their pursuit of equality, addressing the fundamental right to marry and the fundamental right to privacy, the Supreme Court must address the elephant in the courtroom: that sexual orientation meets all of the factors set by the Court in equal protection cases for suspect classification.
Gays, lesbians, and bisexual individuals (LGBs) meet the …
Has The Future Already Been Forgotten? A Post-2007 Transgender Legal History Told Through The Eyes Of The Late, (Rarely) Great Employment Non-Discrimination Act, Katrina C. Rose
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Same-Sex Parents And Their Children: Brazilian Case Law And Insights From Psychoanalysis, Helena Campos Refosco, Martha Maria Guida Fernandes
Same-Sex Parents And Their Children: Brazilian Case Law And Insights From Psychoanalysis, Helena Campos Refosco, Martha Maria Guida Fernandes
William & Mary Journal of Race, Gender, and Social Justice
This Article argues that maternal and paternal functions can be performed by same-sex parents from a psychological point of view. Consequently, the legal recognition of their relationship with their children meets the principle of human dignity pursuant to the Brazilian Federal Constitution.
The Dynamic Relationship Between Freedom Of Speech And Equality, Timothy Zick
The Dynamic Relationship Between Freedom Of Speech And Equality, Timothy Zick
Faculty Publications
This Article examines the dynamic intersection between freedom of speech and equal protection, with a particular focus on the race and LGBT equality movements. Unlike other works on expression and/or equality, the Article emphasizes the relational and bi-directional connections between freedom of speech and equal protection. Freedom of speech has played a critical role in terms of advancing constitutional equality. However, with regard to both race and LGBT equality, free speech rights also failed in important respects to facilitate equality claims and movements. Advocacy and agitation on behalf of equality rights have also left indelible positive and negative marks on …
Section 7: Same-Sex Marriage, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Same-Sex Marriage, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
From Stonewall To The Suburbs? Toward A Political Economy Of Sexuality, Angela P. Harris
From Stonewall To The Suburbs? Toward A Political Economy Of Sexuality, Angela P. Harris
William & Mary Bill of Rights Journal
No abstract provided.
Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal
Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal
William & Mary Bill of Rights Journal
No abstract provided.