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- Gender affirming healthcare (1)
- Institutionalization of marriage equality (1)
- Judicial Yuan Interpretation No. 748 (1)
- Judicial law-making (1)
- Legal definition of sexual orientation (1)
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- Obergefell v. Hodges (1)
- Reproductive justice (1)
- Same-sex marriage in Taiwan (1)
- Same-sex marriage rights (1)
- Sexual attraction (1)
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- Taiwan Constitutional Court (TCC) (1)
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- Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity (1)
Articles 1 - 3 of 3
Full-Text Articles in Law and Gender
Litigation, Referendum Or Legislation? The Road To Becoming The First In Asia To Institutionalize Same-Sex Marriage, Tzu-Chiang Huang
Litigation, Referendum Or Legislation? The Road To Becoming The First In Asia To Institutionalize Same-Sex Marriage, Tzu-Chiang Huang
Michigan Journal of Gender & Law
In the pursuit of same-sex marriage, advocates in each country evaluate the appropriate decision-making process for addressing this highly disputed issue—litigation, legislation, or referendum. The choice may be partially based on the institutional advantages of each approach, but more importantly, the choice is also conditioned by the legal and political context of each country, such as the authority of the court, the framing of public opinion, and the dynamics between movement and countermovement. Uniquely, all three decision-making processes are involved in the course of the institutionalization of same-sex marriage in Taiwan. This Article, focusing on the experience in Taiwan, examines …
Defining Sexual Orientation: A Proposal For A New Definition, Andrew Park
Defining Sexual Orientation: A Proposal For A New Definition, Andrew Park
Michigan Journal of Gender & Law
Laws prohibiting discrimination based on sexual orientation are becoming more common in all parts of the world. Few of these laws provide useful definitions of the term sexual orientation. As a result, the meaning and impact of these laws remains unclear. This Article reviews past and current definitions of sexual orientation according to how well they incorporate current empirical knowledge of sexual orientation, and how their use in human rights laws impacts the dignity, right to equality, and human development of sexual minorities. The Article gives particular attention to the definition of sexual orientation found in the Yogyakarta Principles which …
Reproduction And Gender Self-Determination: Fertile Grounds For Trans Legal Advocacy, Samira Seraji
Reproduction And Gender Self-Determination: Fertile Grounds For Trans Legal Advocacy, Samira Seraji
Michigan Journal of Gender & Law
Current medical constructions of trans identities reflect heterosexist understandings of gender expression—understandings that deny access to gender-affirming healthcare to those who fail to perform normative binary genders. As medical providers establish norms for how to “properly” be trans, the state codifies these norms, basing trans existence on rigidly defined and harshly enforced understandings of binary gender. When this construction of transness is codified on an institutional level, such as with gender reclassification rules for government identification, it forces trans people to conform their bodies to cisgender norms, and dangerously disrupts trans people’s bodily autonomy and diminishes their control over their …