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Full-Text Articles in Law and Gender
Era Project Summary Of Argument Before Pa Supreme Court On Whether Medicaid Abortion Ban Amounts To Sex Discrimination, Center For Gender And Sexuality Law
Era Project Summary Of Argument Before Pa Supreme Court On Whether Medicaid Abortion Ban Amounts To Sex Discrimination, Center For Gender And Sexuality Law
Center for Gender & Sexuality Law
On October 26, 2022, the Pennsylvania Supreme Court heard oral arguments in Allegheny Reproductive Health Center v. Pennsylvania Department of Human Services, a case in which reproductive rights advocates have challenged the state’s ban on Medicaid funding for abortion (Coverage Ban), arguing that the ban violates the state constitution’s explicit prohibitions against sex discrimination.
Pregnant Transgender People: What To Expect From The Court Of Justice Of The European Union's Jurisprudence On Pregnancy Discrimination, Hannah Van Dijcke
Pregnant Transgender People: What To Expect From The Court Of Justice Of The European Union's Jurisprudence On Pregnancy Discrimination, Hannah Van Dijcke
Michigan Journal of Gender & Law
Pregnant transgender people’s experiences vary: they may identify as male or non-binary and may seek gender-affirming medical care to different degrees. This variety in gender identities and bodies puts additional pressure on CJEU’s pregnancy discrimination case law—a case law that is, as this Article argues, already flawed. Building on a critique of the CJEU’s decision in Dekker, this Article discusses three alternative approaches to addressing pregnancy discrimination in EU law. The first two approaches are different ways of construing pregnancy discrimination as sex discrimination. First, the Article discusses a gender-stereotyping approach to direct sex discrimination, and, second, an indirect sex …
Faq On The New York State Equality Amendment, Center For Gender And Sexuality Law
Faq On The New York State Equality Amendment, Center For Gender And Sexuality Law
Center for Gender & Sexuality Law
Adopted in 1938, the New York State Constitution’s equality protections fall far short of a modern notion of equality that would protect the rights of all New Yorkers. Legislation currently pending in the New York Legislature would update the state’s constitution by prohibiting forms of discrimination that are currently unrecognized by the law.
Remarks From The 2022 Symposium: The Equal Rights Amendment: A New Guarantee Of Sex Equality In The U.S. Constitution, Katherine M. Franke
Remarks From The 2022 Symposium: The Equal Rights Amendment: A New Guarantee Of Sex Equality In The U.S. Constitution, Katherine M. Franke
Faculty Scholarship
In so many respects, the culmination of Ruth Bader Ginsburg’s career took place in 1996, three years after she joined the Supreme Court and twenty-four years before her death. In U.S. v. Virginia, Justice Ginsburg convinced a majority of the Supreme Court to embrace the strongest formulation of a constitutional norm condemning sex inequality in the Court’s history. The new rule articulated in the U.S. v. Virginia case declared that “[s]ex classifications ... may not be used, as they once were, ... to create or perpetuate the legal, social, and economic inferiority of women.”