Open Access. Powered by Scholars. Published by Universities.®

Sexuality and the Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 21 of 21

Full-Text Articles in Sexuality and the Law

Seeking Remedies For Lgbtq Children From Destructive Parental Authority In The Era Of Religious Freedom, Roy Abernathy May 2020

Seeking Remedies For Lgbtq Children From Destructive Parental Authority In The Era Of Religious Freedom, Roy Abernathy

Washington and Lee Journal of Civil Rights and Social Justice

This Note explores the intersection of parents’ rights, religious rights, state’s rights, and children’s rights. This Note analyzes the development of children’s rights and how those rights may be applied to current state religious exemption policies that affect the health of LGBTQ children. This Note will argue that in the absence of direct federal legislation to stop the harm of LGBTQ children, four possible remedies may exist to protect LGBTQ children. These remedies include states asserting parens patriae authority, children asserting substantive due process claims, children utilizing partial emancipation statutes, or children utilizing mature minor exemptions, which provide a judicial …


The Many Harms Of Forced Marriage: Insights For Law From Ethnography In Northern Uganda, Myriam S. Denov, Mark A. Drumbl Jan 2020

The Many Harms Of Forced Marriage: Insights For Law From Ethnography In Northern Uganda, Myriam S. Denov, Mark A. Drumbl

Scholarly Articles

Harnessing an interdisciplinary framework that merges elements of law and social science, this article aims to recast the crime of forced marriage, and thereby enhance accountability, in light of knowledge acquired through ethnographic fieldwork in northern Uganda. More specifically, we draw upon the perspectives and experiences of 20 men who were "bush husbands" in the Lord’s Resistance Army (LRA). These men were abducted by the LRA between the ages of 10 and 38 and spent between 6 and 24 years in captivity. During their time in the LRA, these men became ‘bush husbands’ with each man fathering between 1 and …


Marriage Equality Comes To The Fourth Circuit, Carl Tobias Feb 2019

Marriage Equality Comes To The Fourth Circuit, Carl Tobias

Washington and Lee Law Review

Marriage equality has come to America. Throughout 2014, several federal appellate courts and numerous district court judges across the United States invalidated state constitutional or statutory proscriptions on same-sex marriage. Therefore, it was not surprising that Eastern District of Virginia Judge Arenda Wright Allen held that Virginia’s bans were unconstitutional in February. The United States Court of Appeals for the Fourth Circuit affirmed her opinion that July. North Carolina, South Carolina, and West Virginia District Judges rejected these jurisdictions’ prohibitions during autumn, and the Supreme Court approved marriage equality the next year. Because marriage equality in the Fourth Circuit presents …


What Happens Next? Will Protection Against Gender Identity And Sexual Orientation Workplace Discrimination Expand During President Obama’S Second Term?, Sarah M. Stephens Mar 2013

What Happens Next? Will Protection Against Gender Identity And Sexual Orientation Workplace Discrimination Expand During President Obama’S Second Term?, Sarah M. Stephens

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Ask, Tell, But Do Not Get Greedy: The Inequalities That Pervade In The Military In Light Of The Repeal Of “Don’T Ask, Don’T Tell”, David Barnes Sep 2012

Ask, Tell, But Do Not Get Greedy: The Inequalities That Pervade In The Military In Light Of The Repeal Of “Don’T Ask, Don’T Tell”, David Barnes

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Eluding The Grim Reaper: How Section 2 Of The Defense Of Marriage Act Could Survive Strict Scrutiny, Michael Disiena Sep 2012

Eluding The Grim Reaper: How Section 2 Of The Defense Of Marriage Act Could Survive Strict Scrutiny, Michael Disiena

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Need For Change: Evaluating The Medical Necessity Of Gender Reassignment Through International Standards, Chad Ayers Mar 2012

The Need For Change: Evaluating The Medical Necessity Of Gender Reassignment Through International Standards, Chad Ayers

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Liberty Of Innocent Delights: Obscene Devices And The Limits Of State Power After Lawrence V. Texas, E. Benton Keatley Sep 2009

The Liberty Of Innocent Delights: Obscene Devices And The Limits Of State Power After Lawrence V. Texas, E. Benton Keatley

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Double-Edged Sword In Gay Economic Life? Marriage And The Market, M.V. Lee Badgett Sep 2008

The Double-Edged Sword In Gay Economic Life? Marriage And The Market, M.V. Lee Badgett

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Editor's Note: The Future Of Lgbt Scholarship Sep 2008

Editor's Note: The Future Of Lgbt Scholarship

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Microperformances Of Identity: Visible Same-Sex Couples And The Marriage Controversy, Marc R. Poirier Sep 2008

Microperformances Of Identity: Visible Same-Sex Couples And The Marriage Controversy, Marc R. Poirier

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Repeal Of "Don't Ask, Don't Tell:" A Smooth Transition, Sharon E. Debbage Alexander, Kathi S. Westcott Sep 2008

Repeal Of "Don't Ask, Don't Tell:" A Smooth Transition, Sharon E. Debbage Alexander, Kathi S. Westcott

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Gender Trouble In The Law: Arguments Against The Use Of Status/Conduct Binaries In Sexual Orientation Law, Diane S. Meier Sep 2008

Gender Trouble In The Law: Arguments Against The Use Of Status/Conduct Binaries In Sexual Orientation Law, Diane S. Meier

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


White Sexual Imperialism: A Theory Of Asian Feminist Jurisprudence, Sunny Woan Mar 2008

White Sexual Imperialism: A Theory Of Asian Feminist Jurisprudence, Sunny Woan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Twenty-Five Years Of Hudood Ordinances- A Review, Martin Lau Sep 2007

Twenty-Five Years Of Hudood Ordinances- A Review, Martin Lau

Washington and Lee Law Review

Shortly after coming into power in 1979, General Zia ul-Haq began to Islamize the Pakistan legal system. One measure used to convert Pakistan into an Islamic state was the introduction of hadd offenses-those offenses for which the Qur'an prescribed fixed punishments-into the criminal law. This Article specifically examines the impact of one of these provisions, the Offense of Zina (Enforcement of Hudood) Ordinance, on sexual offenses under the Pakistan Penal Code. This statute criminalized all forms of adultery and fornication outside of a legally valid marriage, including instances of rape where the burden of proof had not been met. In …


Rape And The Exception In Turkish And International Law, Ruth A. Miller Sep 2007

Rape And The Exception In Turkish And International Law, Ruth A. Miller

Washington and Lee Law Review

This Comment suggests, first, that Turkey's new (2004) rape law is indebted to recent trends in international sexual legislation, and second, that both Turkish and international rape law are in turn the product of a century of European exceptionalism. The 2004 Turkish criminal code is a text that has redefined the Turkish state's approach to issues ranging from torture to corruption to immigrant smuggling to rape and adultery. Fundamentally a domestic document, it is aimed at rearticulating and liberalizing the state-citizen relationship in Turkey. At the same time, it is emphatically an international text-a spectacle geared toward moving Turkey one …


Hard Bargains: The Politics Of Heterosexuality, Linda Hirshman Jan 1998

Hard Bargains: The Politics Of Heterosexuality, Linda Hirshman

Washington and Lee Law Review

No abstract provided.


Doma As A Defensible Exercise Of Congressional Power Under The Full-Faith-And-Credit Clause, Timothy Joseph Keefer Sep 1997

Doma As A Defensible Exercise Of Congressional Power Under The Full-Faith-And-Credit Clause, Timothy Joseph Keefer

Washington and Lee Law Review

No abstract provided.


Was There Sex Before Calvin Klein?, Linda R. Hirshman Jun 1996

Was There Sex Before Calvin Klein?, Linda R. Hirshman

Washington and Lee Law Review

No abstract provided.


Marks V. United States, Lewis F. Powell Jr. Oct 1976

Marks V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Doran V. Salem Inn, Inc., Lewis F. Powell Jr. Oct 1974

Doran V. Salem Inn, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.