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Articles 1 - 12 of 12
Full-Text Articles in Law and Gender
What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar
What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar
Vincent Samar
Abstract
What Impact the Supreme Court’s Recent Hobby Lobby
Decision Might Have for LGBT Civil Rights?
Vincent J. Samar
The U.S. Supreme Court’s recent decision in the Hobby Lobby case has created shockwaves of concern among civil rights groups questioning whether for-profit corporations can assert a religious exemption from civil rights legislation under a 1993 federal law, the Religious Freedom Restoration Act. The matter is of particular concern in the LGBT community given the possible impact it could have on services traditionally offered to those getting married as more and more states legalize same-sex marriage. Though the Court’s conservative majority …
Street Harassment And The Informal Ghettoization Of Women, Cynthia Grant Bowman
Street Harassment And The Informal Ghettoization Of Women, Cynthia Grant Bowman
Cynthia Grant Bowman
No abstract provided.
Punitive Injunctions, Nirej S. Sekhon
The Future Of Polyamorous Marriage: Lessons From The Marriage Equality Struggle, Hadar Aviram, Gwendolyn Manriquez Leachman
The Future Of Polyamorous Marriage: Lessons From The Marriage Equality Struggle, Hadar Aviram, Gwendolyn Manriquez Leachman
Hadar Aviram
Amidst the recent legal victories and growing public support for same-sex marriage, numerous polyamorous individuals have expressed interest in pursuing legal recognition for marriages between more than two consenting adults. This Article explores the possibilities that exist for such a polyamorous marriage equality campaign, in light of the theoretical literature on law and social movements, as well as our own original and secondary research on polyamorous and LGBT communities. Among other issues, we examine the prospect of prioritizing the marriage struggle over other forms of nonmarital relationship recognition; pragmatic regulative challenges, like taxation, healthcare, and immigration; and how law and …
What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar
What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar
Vincent J. Samar
Abstract
What Impact the Supreme Court’s Recent Hobby Lobby
Decision Might Have for LGBT Civil Rights?
Vincent J. Samar
The U.S. Supreme Court’s recent decision in the Hobby Lobby case has created shockwaves of concern among civil rights groups questioning whether for-profit corporations can assert a religious exemption from civil rights legislation under a 1993 federal law, the Religious Freedom Restoration Act. The matter is of particular concern in the LGBT community given the possible impact it could have on services traditionally offered to those getting married as more and more states legalize same-sex marriage. Though the Court’s conservative majority …
Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun
Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun
Samuel W. Calhoun
No abstract provided.
Prenatal Torts: Reproductive Rights With Teeth, Andrew H. Jones
Prenatal Torts: Reproductive Rights With Teeth, Andrew H. Jones
Andrew H Jones
The purpose of tort law is to restore the plaintiff to the position he or she would have occupied had the complained of injury not occurred. To this end, the measure of damages is the amount which will compensate for all detriment proximately caused. But, when the causal link between the wrong and injury is abortion, and the harm relates to the existence of a human life, the issue of recovery becomes complicated. The difficulty of the issue is aggravated by the existence of conflicting principles, such as protecting a constitutionally recognized right to refrain from procreation, and maintaining the …
When Free Exercise Is A Burden: Protecting "Third Parties" In Religious Accommodation Law, Kara Loewentheil
When Free Exercise Is A Burden: Protecting "Third Parties" In Religious Accommodation Law, Kara Loewentheil
Kara Loewentheil
During the 2014 U.S. Supreme Court term, the Court considered two challenges to the contraceptive coverage requirement of the Affordable Care Act. These cases attracted enormous attention, and brought a new urgency to the principle that requests for religious accommodations should be weighed against any burdens such accommodations would impose on “third parties,” who are more accurately termed “existing rights-holders.” However, neither courts nor scholars have provided a consistent or principled way of thinking through how to evaluate such burdens and how to weigh them against free exercise rights. This Article takes up that challenge, using the example of the …
Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Andrea B. Carroll
Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Andrea B. Carroll
Andrea Beauchamp Carroll
Roundtable on Regulating Assisted Reproductive Technology 2012
Marriage Equailty: Why Laws Restricting Same-Sex Couples' Rights Should Be Subject To Heightened Scrutiny Under Equal Protection Challenges., Cory A. Delellis
Marriage Equailty: Why Laws Restricting Same-Sex Couples' Rights Should Be Subject To Heightened Scrutiny Under Equal Protection Challenges., Cory A. Delellis
Cory A DeLellis
This thesis discusses why laws that restrict marital rights and recognition, on the basis of the couple’s sexual orientation, should be subject to a heightened or intermediate level of judicial scrutiny under Equal Protection challenges. This thesis addresses, analyzes, and suggests why sexual orientation – within the context of same-sex couples – should be considered a quasi-suspect class, rather than a non-suspect class, so that laws negatively impacting couples based on their sexual orientation are subjected to a fairer and more reasonable level of judicial scrutiny.
The Challenge Of Strong Religion In The Liberal State, Gila Stopler
The Challenge Of Strong Religion In The Liberal State, Gila Stopler
Gila Stopler
Liberal states are struggling to find ways to deal with strong religion in a manner that would enable them to give due respect to the religious beliefs of citizens while at the same time to adhere to core liberal values such as respect for human rights and avoidance of undue entanglement of religious and state authority. One type of solution that has been offered is granting authority and autonomy to private religious tribunals, for example in the area of religious family law. Another type of solution is creating a direct link between state law and some religious obligations, as was …
Beyond Paroline: Ensuring Meaningful Remedies For Child Pornography Victims At Home And Abroad, W. Warren H. Binford
Beyond Paroline: Ensuring Meaningful Remedies For Child Pornography Victims At Home And Abroad, W. Warren H. Binford
W. Warren H. Binford
This article considers how the United States could fulfill its international treaty obligations to support the full restoration of child pornography victims in the aftermath of the recent decision of the United States Supreme Court in Paroline v. United States. The article details how the United States provided leadership historically in creating a skeletal legal framework domestically and internationally to help combat child pornography and restore victims, and highlights how that framework is failing victims on a near-universal basis in an age dominated by technological innovation and globalization. The article proposes the adoption and implementation of effective domestic and international …