Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Arts and Humanities (2)
- Feminist, Gender, and Sexuality Studies (2)
- Law and Politics (2)
- Law and Society (2)
- Lesbian, Gay, Bisexual, and Transgender Studies (2)
-
- Other Feminist, Gender, and Sexuality Studies (2)
- Women's Studies (2)
- Elder Law (1)
- Estates and Trusts (1)
- Family Law (1)
- Fourteenth Amendment (1)
- Gender and Sexuality (1)
- History (1)
- History of Gender (1)
- History of Science, Technology, and Medicine (1)
- Jurisprudence (1)
- Law and Gender (1)
- Law and Psychology (1)
- Legal (1)
- Legal History (1)
- Legal Studies (1)
- Legal Theory (1)
- Political Science (1)
- Politics and Social Change (1)
- Psychology (1)
- Social and Behavioral Sciences (1)
Articles 1 - 3 of 3
Full-Text Articles in Constitutional Law
Navigating A Post-Windsor World: The Promise And Limits Of Marriage Equality, Nancy J. Knauer
Navigating A Post-Windsor World: The Promise And Limits Of Marriage Equality, Nancy J. Knauer
Nancy J. Knauer
When the 2013 landmark decision in U.S. v. Windsor invalidated part of the Defense of Marriage Act (DOMA), it was hailed as a landmark civil rights victory, but its implementation has been far from seamless. The federal government has not applied a uniform rule for marriage recognition, applying a state-of-domicile rule for some purposes (Social Security) and a broader state-of-celebration rule for others (e.g., federal tax matters). Moreover, Windsor did not directly address the state-level marriage prohibitions that remain in place in the majority of states. As a result, the United States continues to be a patchwork of marriage laws …
Science, Identity, And The Construction Of The Gay Political Narrative, Nancy J. Knauer
Science, Identity, And The Construction Of The Gay Political Narrative, Nancy J. Knauer
Nancy J. Knauer
This Article contends that the current debate over gay civil rights is, at base, a dispute over the nature of same-sex desire. Pro-gay forces advocate an ethnic or identity model of homosexuality based on the conviction that sexual orientation is an immutable, unchosen, and benign characteristic. The assertion that, in essence, gays are "born that way," has produced a gay political narrative that rests on claims of shared identity (i.e., homosexuals are a blameless minority) and arguments of equivalence (i.e., as a blameless minority, homosexuals deserve equal treatment and protection against discrimination). The pro-family counter-narrative is based on a behavioral …
"Simply So Different": The Uniquely Expressive Character Of The Openly Gay Individual After Boy Scouts V. Dale, Nancy J. Knauer
"Simply So Different": The Uniquely Expressive Character Of The Openly Gay Individual After Boy Scouts V. Dale, Nancy J. Knauer
Nancy J. Knauer
Boy Scouts v. Dale was uniformly considered a set back for gay rights. Undeniably, it was not a good result for James Dale or other openly gay individuals who would like to participate in the largest youth organization in the U.S. This Article views Boy Scouts v. Dale in a different light and suggests that the expressive character of the openly gay individual endorsed by the majority may signal an opportunity to argue for greater First Amendment protections. The majority recognized that a single avowal of homosexuality imbues the openly gay individual with a uniquely expressive character. Wherever he goes, …