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Articles 1 - 11 of 11
Full-Text Articles in Civil Rights and Discrimination
Balancing Religious Liberties And Antidiscrimination Interests In The Public Employment Context: The Impact Of Masterpiece Cakeshop And American Legion, Brenda Bauges
University of Richmond Law Review
Finally, this Article concludes by analyzing different potential methods for trying to balance religious liberty claims with antidiscrimination concerns, and thus Establishment Clause concerns, in public employment. This Article argues for a combination of relevant tests that balances the magnitude and likelihood of third party harm, substantiality of burden to religious liberty, and availability or prevalence of secular accommodations. This test provides room for factual inquiry and context-specific value judgments, while still allowing a workable framework, the results of which are sufficiently predictable that employers and employees are not left to wonder about the boundaries by which their relationship should …
Framing Legislation Banning The "Gay And Trans Panic" Defenses, Jordan Blair Woods
Framing Legislation Banning The "Gay And Trans Panic" Defenses, Jordan Blair Woods
University of Richmond Law Review
This Article, prepared for the University of Richmond Law Reviewsymposium commemorating the fiftieth anniversary of the Stonewall Riots of 1969, uses the Stonewall Riots as an opportunity to analyze and theorize the political dimensions of legislation banning the gay and trans panic defenses. As a moment of resistance to state violence against LGBTQ people, the Stonewall Riots are a useful platform to examine the historical and current relationship between the state and the gay and trans panic defenses. Drawing on original readings of medical literature, this Article brings the historical role of the state in the growth of gay …
From The Mattachine Society To Megan Rapinoe: Tracing And Telegraphing The Conformist/Visionary Divide In The Lgbt Rights Movement, Kyle C. Velte
From The Mattachine Society To Megan Rapinoe: Tracing And Telegraphing The Conformist/Visionary Divide In The Lgbt Rights Movement, Kyle C. Velte
University of Richmond Law Review
From the beginning of the LGBT civil rights movement, there has been an intracommunity debate concerning strategies and tactics to effect legal and social change. On one end of the spectrum, the lesbian and gay organizations of the 1950s—the Mattachine Society and the Daughters of Bilitis—advocated an assimilationist strategy that sought tolerance rather than full acceptance and integration. The tactics to affect this strategy are best described as conservative and conventional—to look and act as “straight” as possible in order to convince courts, legislatures, and the public that lesbians and gay men should be left alone rather than fired from …
Dead Hand Vogue, Anthony Michael Kreis
Dead Hand Vogue, Anthony Michael Kreis
University of Richmond Law Review
For decades, courts read employment antidiscrimination laws’ prohibition of sex discrimination to exclude gay, lesbian, bisexual, and transgender workers’ sexual orientation and gender identity discrimination claims—purportedly because the claims were not linked to employees’ status as a man or a woman. And while significant doctrinal developments have afforded some gender-nonconforming persons critical workplace safeguards under sex antidiscrimination laws, many older decisions that deemed sexual orientation and transgender discrimination claims to be outside the ambit of sex discrimination still control. These decades-old precedents all suffer from the same analytical error: a failure to adhere to the principle that antidiscrimination law does …
Shared Histories: The Feminist And Gay Liberation Movements For Freedom In Public, Elizabeth Sepper, Deborah Dinner
Shared Histories: The Feminist And Gay Liberation Movements For Freedom In Public, Elizabeth Sepper, Deborah Dinner
University of Richmond Law Review
This Symposium on the fiftieth anniversary of the Stonewall Rebellion presents the opportunity to evaluate the regulation and deregulation of gender and sexuality in public space. In 1969, LGBTQ people erupted against policing, harassment, and exclusion in public spaces. While they had engaged in earlier, smaller protests and reforms, Stonewall ignited a mass gay liberation movement and sparked popular awareness of LGBTQ people’s civil rights struggles. LGBTQ activists demanded their rights to express identity, associate with one another, and engage in queer behavior. That same year, the newly burgeoning feminist movement also launched protests and called for women’s equality in …
Building Queer Families And The Ethics Of Gestational Surrogacy, Kimberly Mutcherson
Building Queer Families And The Ethics Of Gestational Surrogacy, Kimberly Mutcherson
University of Richmond Law Review
Throughout American history, government has used the law to deny some citizens the right to create or sustain families with children to show contempt for those citizens. As LGBT people fought for dignity, equality, and justice from Stonewall to the present, one of the greatest success stories of that fight is the change in how the law defines and protects families. Into the 1990s, people in samesex relationships had cause to fear that their sexual orientation could be used to deprive them of custody of their children. Now, many states, through statute or case law, routinely recognize two parents of …
The Invisible Minority: Discrimination Against Bisexuals In The Workplace, Elizabeth Childress Burneson
The Invisible Minority: Discrimination Against Bisexuals In The Workplace, Elizabeth Childress Burneson
University of Richmond Law Review
The Lesbian, Gay, Bisexual, Transgender, and Queer (“LGBTQ+”) community has won major legal victories in the last twenty years, but at least one group remains left behind in those victories. The bisexual population is often ignored, erased, and discriminated against by both homosexual and heterosexual individuals and communities. This is true despite the fact that bisexuals outnumber both lesbian women and gay men. This erasure and discrimination affects bisexuals in different areas of life and the law, including the employment context. Title VII of the Civil Rights Act of 1964 (“Title VII”), which protects against employment discrimination on the basis …
Marriage Equality Comes To Wisconsin, Carl W. Tobias
Marriage Equality Comes To Wisconsin, Carl W. Tobias
Law Faculty Publications
Marriage equality has swept America. Numerous federal judges, including Western District of Wisconsin Judge Barbara Crabb, have invalidated state proscriptions on same-sex marriage. This paper scrutinizes U.S. litigation, Crabb’s opinion, Seventh Circuit affirmance, and Supreme Court resolution. Finding that Wisconsin shows how to efficaciously institute full marriage equality, even as other states have not, the piece affords future suggestions.
Spelling Out Lgbt: Enumerating Sexual Orientation In Virginia's Bullying Law, Melissa Wright
Spelling Out Lgbt: Enumerating Sexual Orientation In Virginia's Bullying Law, Melissa Wright
Law Student Publications
This comment explores the various steps being taken to stop LGBT bullying in the Commonwealth of Virginia. Section I discusses why it is important to address the issue of bullying and the deep impact that bullying can have on students' lives. Section II provides a comprehensive look at how other states have addressed bullying and provided enumerated protection for LGBT students. This section also examines federal laws that have been used in bullying claims in the absence of federal anti-bullying legislation. Section III focuses specifically on Virginia anti-bullying legislation and the steps that Virginia has taken to combat LGBT bullying …
Natural Law And The Regulation Of Sexuality: A Critique, Dr. Brent L. Pickett
Natural Law And The Regulation Of Sexuality: A Critique, Dr. Brent L. Pickett
Richmond Journal of Law and the Public Interest
I will argue that the natural-law understanding of sexuality, and its application to the law, is deeply flawed, in regards to homosexuality and sodomy. I begin by laying out some of the foundations of the natural law position. Central to the position is an account of human goods that are seen as good in themselves, and hence as rational bases for choice and human action. In regards to sexuality, the two most important goods, at least from the natural law perspective, are those of marriage and personal integration. I argue that a real appreciation of the role of these two …
Natural Law And The Regulation Of Sexuality: A Critique, Dr. Brent L. Pickett
Natural Law And The Regulation Of Sexuality: A Critique, Dr. Brent L. Pickett
Richmond Public Interest Law Review
I will argue that the natural-law understanding of sexuality, and its application to the law, is deeply flawed, in regards to homosexuality and sodomy. I begin by laying out some of the foundations of the natural law position. Central to the position is an account of human goods that are seen as good in themselves, and hence as rational bases for choice and human action. In regards to sexuality, the two most important goods, at least from the natural law perspective, are those of marriage and personal integration. I argue that a real appreciation of the role of these two …