Law Commons^™

Substantive Equality And Sexual Orientation: Twenty Years Of Gay And Lesbian Rights Adjudication Under The South African Constitution, Eric C. Christiansen

Publications

Examining the historical achievements and failures of the South African Constitution’s sexual orientation protections highlights larger lessons from the last twenty years of constitutionalism in South Africa. In this Article, I use the drafting history, Constitutional Court adjudication, and the practical insufficiencies of the Constitution’s inclusion of sexual orientation-based protections to highlight three categories of insights. These lessons include an encouraging insight regarding the inclusion of novel and progressive elements when drafting modern constitutions; some modest claims about the capacity of courts to combat inequality based on sexual orientation despite the limitations of purely legal victories; and a hopeful affirmation …

Marriage, Abortion, And Coming Out, Scott Skinner-Thompson, Sylvia A. Law, Hugh Baran

Publications

Over the past two decades, legal protections for lesbian, gay, and bisexual individuals have dramatically expanded. Simultaneously, meaningful access to reproductive choice for women has eroded. What accounts for the different trajectories of LGBTQ rights and reproductive rights?

This Piece argues that one explanation—or at least partial explanation—for the advance of LGBTQ rights relative to reproductive rights is the differing degree to which individuals have come out about their experiences with sexuality compared to coming out about experiences with unplanned pregnancies. In particular, as catalogued in this Piece, popular media portrayals of lesbian and gay individuals have proliferated, broadening the …

The Lgbt Piece Of The Underenforcement-Overenforcement Puzzle, Aya Gruber

Publications

No abstract provided.