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Sexuality and the Law

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William & Mary Law School

Homophobia

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Full-Text Articles in Law

Friends With Benefits: Expanding Virginia's Domestic Violence And Mutual Protection Order Statutes To Include Reciprocal Beneficiaries, Faith A. Parker Apr 2023

Friends With Benefits: Expanding Virginia's Domestic Violence And Mutual Protection Order Statutes To Include Reciprocal Beneficiaries, Faith A. Parker

William & Mary Journal of Race, Gender, and Social Justice

On June 26, 2015, the Obergefell decision recognized same-sex marriage. While same-sex couples celebrated their new rights to marriage equality, they still face legal battles in the realm of domestic violence. Both married and unmarried same-sex couples face discrimination when reporting incidents of domestic violence. While most domestic violence statutes are gender-neutral on their face, their implementations disparately impact same-sex couples. Furthermore, domestic violence statutes that include same-sex couples punish same-sex couples more harshly than opposite-sex couples. This Note will examine the domestic violence law in Virginia, arguing that the laws are too vague to properly protect same-sex couples and …


Beyond "Restoration Of Honor": Compensating Veterans For The Psychological Injuries Of The Gay And Transgender Bans, Evan R. Seamone May 2022

Beyond "Restoration Of Honor": Compensating Veterans For The Psychological Injuries Of The Gay And Transgender Bans, Evan R. Seamone

William & Mary Journal of Race, Gender, and Social Justice

This Article is titled “Beyond Restoration of Honor” specifically to introduce the policy priority of ensuring that all Sexual and Gender Identity Minority (SGIM) veterans who were harmed by...discriminatory policies [like Don't Ask, Don't Tell] can obtain and use Veterans Affairs (VA) disability benefits for injuries resulting from discrimination while in the military. While this Article highlights the value of codifying a series of specific SGIM stressor markers for PTSD in the VA’s regulations concerning personal assault and creating presumptions of service-connection for specific military experiences, existing laws and regulations permit service-connection for these injuries without further regulatory changes.

In …


Curing Corrective Rape: Socio-Legal Perspectives On Sexual Violence Against Black Lesbians In South Africa, Waruguru Gaitho Feb 2022

Curing Corrective Rape: Socio-Legal Perspectives On Sexual Violence Against Black Lesbians In South Africa, Waruguru Gaitho

William & Mary Journal of Race, Gender, and Social Justice

Corrective rape can be defined as a hate crime that entails the rape of any member of a group that does not conform to gender or sexual orientation norms, where the motive of the perpetrator is to “correct” the individual, fundamentally combining gender-based violence and homophobic violence. In the South African context, these biases intersect with systemic racism, producing a disproportionate impact on Black, queer, womxn. While the legal framework has evolved to better address sexual violence crimes, Black lesbians remain prone to falling through the legal cracks, and South African society continues to sanction the homophobia and misogyny that …


Rice And Beans With A Side Of Queer: Socio-Legal Developments In The Cuban Lgbtq+ Community, Carlos A. Figueroa Feb 2022

Rice And Beans With A Side Of Queer: Socio-Legal Developments In The Cuban Lgbtq+ Community, Carlos A. Figueroa

William & Mary Journal of Race, Gender, and Social Justice

Over the last century, the LGBTQ+ community has occupied a peculiar space in Cuba that has both resisted and acclimated to the ever-changing sociopolitical dynamics on the Island. This Article examines the Cuban queer community’s socio-legal history in pre- and post-Revolution Cuba along with its tumultuous synthesis into U.S. culture.


Patriotic Homosocial Discourse, Kim H. Pearson Apr 2006

Patriotic Homosocial Discourse, Kim H. Pearson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Book Review: Ian Ayres & Jennifer Gerarda Brown, Straightforward: How To Mobilize Heterosexual Support For Gay Rights, Evan Wolfson Apr 2006

Book Review: Ian Ayres & Jennifer Gerarda Brown, Straightforward: How To Mobilize Heterosexual Support For Gay Rights, Evan Wolfson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.