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- William & Mary Bill of Rights Journal (6)
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- William & Mary Journal of Race, Gender, and Social Justice (2)
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Articles 1 - 24 of 24
Full-Text Articles in Law
The "Cure" That Harms: Sexual Orientation-Based Asylum And The Changing Definition Of Persecution, Alan G. Bennett
The "Cure" That Harms: Sexual Orientation-Based Asylum And The Changing Definition Of Persecution, Alan G. Bennett
Golden Gate University Law Review
This note will discuss the history of sexual orientation-based asylum law. Further, it will outline the statutory requirements for asylum, explain the legal procedure of gaining asylum, and discuss the case law recognition of lesbians and gay men as "a particular social group." In addition, it will address the standards and definitions of persecution.
Gay Men And Lesbians Down By Law In The 1990'S Usa: The Continuing Toll Of Bowers V. Hardwick, Mary C. Dunlap
Gay Men And Lesbians Down By Law In The 1990'S Usa: The Continuing Toll Of Bowers V. Hardwick, Mary C. Dunlap
Golden Gate University Law Review
This Article will take a look at these developments and will review the progress, stasis and backsliding of the movement for gay/lesbian civil rights, since (although not necessarily because of nor despite) the Supreme Court's decision of the Hardwick case. A review of all gay/lesbian rights cases decided since Hardwick is not contemplated here, even were such an enterprise practicable. Instead, this article attempts an exploration of some cases and situations in the layered social, psychological and political context in which these legal phenomena are occurring. The purpose is to determine what lessons we have learned in the years since …
Survey: Women And California Law, Carol A. King
Survey: Women And California Law, Carol A. King
Golden Gate University Law Review
This survey of California Law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.
Transcendent Homosexuals And Dangerous Sex Offenders: Sexual Harm And Freedom In The Judicial Imaginary, Joseph J. Fischel
Transcendent Homosexuals And Dangerous Sex Offenders: Sexual Harm And Freedom In The Judicial Imaginary, Joseph J. Fischel
Duke Journal of Gender Law & Policy
No abstract provided.
Moving Beyond The Immutability Debate In The Fight For Equality After Proposition 8., M.K.B. Darmer, Tiffany Chang
Moving Beyond The Immutability Debate In The Fight For Equality After Proposition 8., M.K.B. Darmer, Tiffany Chang
The Scholar: St. Mary's Law Review on Race and Social Justice
On May 15, 2008, the California Supreme Court issued its historic decision regarding marriage rights for same-sex couples. In the course of its opinion, the court found that classifications based upon sexual orientation are subject to the protections of “strict scrutiny” for purposes of the state’s equal protection clause. The court also found that marriage is a fundamental right that extends to same-sex couples. On November 4, 2008, 52% of California voters voted for Proposition 8, which purported to “amend” the state constitution by adding fourteen words in a new clause following the equal protection clause: “only marriage between a …
"No Drinking, No Drugs, No Lesbians": Sexual Orientation Discrimination In Intercollegiate Athletics, Barbara Osborne
"No Drinking, No Drugs, No Lesbians": Sexual Orientation Discrimination In Intercollegiate Athletics, Barbara Osborne
Marquette Sports Law Review
No abstract provided.
Gay Rights And American Constitutionalism: What’S A Constitution For?, J. Harvie Wilkinson Iii
Gay Rights And American Constitutionalism: What’S A Constitution For?, J. Harvie Wilkinson Iii
Duke Law Journal
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.
Foreword: Disabling Brown, Michael Ashley Stein
Foreword: Disabling Brown, Michael Ashley Stein
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.
Miss Susan’S Etiquette Tips For The Socially Conscious Judge: A Guide To Honorable Conduct Toward Gays And Lesbians In The Courtroom, Bradley Zane Haumont, Susan Ann Koenig
Miss Susan’S Etiquette Tips For The Socially Conscious Judge: A Guide To Honorable Conduct Toward Gays And Lesbians In The Courtroom, Bradley Zane Haumont, Susan Ann Koenig
Saint Louis University Public Law Review
No abstract provided.
Beyond Gay Rights: Lawrence V. Texas And The Promise Of Liberty, Philip Chapman
Beyond Gay Rights: Lawrence V. Texas And The Promise Of Liberty, Philip Chapman
William & Mary Bill of Rights Journal
No abstract provided.
Lawrence V. Texas And Judicial Hubris, Nelson Lund, John O. Mcginnis
Lawrence V. Texas And Judicial Hubris, Nelson Lund, John O. Mcginnis
Michigan Law Review
The republic will no doubt survive the Supreme Court's decision, in Lawrence v. Texas, to invalidate laws against private, consensual sodomy, including those limited to homosexual behavior. Such laws are almost never enforced, and the rare prosecutions for such acts are necessarily capricious. So the principal direct effect of the Court's decision is likely to be extremely limited, and largely salutary: a few individuals will be spared the bad luck of getting a criminal conviction for violating laws that are manifestly out of step with prevailing sexual mores. Nor are we likely to see anything like the intense political …
The Unknown Past Of Lawrence V. Texas, Dale Carpenter
The Unknown Past Of Lawrence V. Texas, Dale Carpenter
Michigan Law Review
On the night of September 17, 1998, someone called the police to report that a man was going crazy with a gun inside a Houston apartment. When Harris County sheriff's deputies entered the apartment they found no person with a gun but did witness John Lawrence and Tyron Gamer having anal sex. This violated the Texas Homosexual Conduct law, and the deputies hauled them off to jail for the night. Lawyers took the men's case to the Supreme Court and won a huge victory for gay rights. So goes the legend of Lawrence v. Texas. Do not believe it. …
Sexual Orientation And The Paradox Of Heightened Scrutiny, Nan D. Hunter
Sexual Orientation And The Paradox Of Heightened Scrutiny, Nan D. Hunter
Michigan Law Review
In Lawrence v. Texas, the Supreme Court performed a double move, creating a dramatic discursive moment: it both decriminalized consensual homosexual relations between adults, and, simultaneously, authorized a new regime of heightened regulation of homosexuality. How that happened and what we can expect next are the subjects of this essay. The obvious point of departure for an analysis of Lawrence is its decriminalization of much sexual conduct. Justice Scalia began this project with his dire warning that "[s]tate laws against bigamy, samesex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity are . . . sustainable only in …
Surviving Lawrence V. Texas, Marc Spindelman
Surviving Lawrence V. Texas, Marc Spindelman
Michigan Law Review
The lesbian and gay communities have reacted to the Supreme Court's decision in Lawrence v. Texas - striking down state sodomy laws on Due Process grounds - with unbridled enthusiasm. Lawrence has variously been praised as an unmitigated victory for lesbian and gay rights, a turning point in our community's history, and the moment when we have gone from second-class political outcasts to constitutional persons with first-class rights. Obviously, something remarkable happened in Lawrence. In an opinion written by Justice Anthony Kennedy, the Court declared that John Geddes Lawrence and Tyrone Gamer, who had been convicted under Texas's sodomy …
Tumbling Towers As Turning Points: Will 9/11 Usher In A New Civil Rights Era For Gay Men And Lesbians In The United States?, Susan J. Becker
Tumbling Towers As Turning Points: Will 9/11 Usher In A New Civil Rights Era For Gay Men And Lesbians In The United States?, Susan J. Becker
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Performance And Politics: An Argument For Expanded First Amendment Protection Of Homosexual Expression, Jennifer Minear
Performance And Politics: An Argument For Expanded First Amendment Protection Of Homosexual Expression, Jennifer Minear
Cornell Journal of Law and Public Policy
No abstract provided.
Pansexuality And The Law, Jennifer Ann Drobac
Pansexuality And The Law, Jennifer Ann Drobac
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Doing The Nasty: An Argument For Bringing Same-Sex Erotic Conduct Back Into The Courtroom , Teresa M. Bruce
Doing The Nasty: An Argument For Bringing Same-Sex Erotic Conduct Back Into The Courtroom , Teresa M. Bruce
Cornell Law Review
No abstract provided.
Keynote Address To The Symposiuml Defining Families: Gays, Lesbians, And The Meaning Of Family, Beatrice Dohrn
Keynote Address To The Symposiuml Defining Families: Gays, Lesbians, And The Meaning Of Family, Beatrice Dohrn
William & Mary Bill of Rights Journal
No abstract provided.
Defining Marriage And The Family, Herbert W. Titus
Defining Marriage And The Family, Herbert W. Titus
William & Mary Bill of Rights Journal
No abstract provided.
Employment Discrimination Against Lesbians And Gays: The Incomplete Legal Responses Of The United States And The European Union, David A. Landau
Employment Discrimination Against Lesbians And Gays: The Incomplete Legal Responses Of The United States And The European Union, David A. Landau
Duke Journal of Comparative & International Law
No abstract provided.
Sexual Orientation As A Human Rights Issue Incanada 1969-1985, Philip Girard
Sexual Orientation As A Human Rights Issue Incanada 1969-1985, Philip Girard
Dalhousie Law Journal
Equality is a protean concept. Even if one has taken a position on the equality of opportunity versus equality of outcomes debate, there remains the problem of deciding what equality means in particular contexts: racial equality, equality between the sexes, between those with and without mental or physical disability, and so on. Finally, there is the issue of which groups in society are entitled to "equality", whatever it may mean. Given the open-ended nature of the equality guarantees contained in section 15 of Canada's Charter of Rights and Freedoms, it is clear that groups other than those specifically mentioned therein …