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Sexuality and the Law Commons

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Full-Text Articles in Sexuality and the Law

Rice And Beans With A Side Of Queer: Socio-Legal Developments In The Cuban Lgbtq+ Community, Carlos A. Figueroa Feb 2022

Rice And Beans With A Side Of Queer: Socio-Legal Developments In The Cuban Lgbtq+ Community, Carlos A. Figueroa

William & Mary Journal of Race, Gender, and Social Justice

Over the last century, the LGBTQ+ community has occupied a peculiar space in Cuba that has both resisted and acclimated to the ever-changing sociopolitical dynamics on the Island. This Article examines the Cuban queer community’s socio-legal history in pre- and post-Revolution Cuba along with its tumultuous synthesis into U.S. culture.


Marriage Mandates: Compelled Disclosures Of Race, Sex, And Gender Data In Marriage Licensing Schemes, Mikaela A. Phillips May 2021

Marriage Mandates: Compelled Disclosures Of Race, Sex, And Gender Data In Marriage Licensing Schemes, Mikaela A. Phillips

William & Mary Journal of Race, Gender, and Social Justice

This Note argues that mandatory disclosures of personal information—specifically race, sex, and gender—on a marriage license application constitute compelled speech under the First Amendment and should be subject to heightened scrutiny. Disclosing one’s race, sex, or gender on a marriage license application is an affirmative act, and individuals may wish to have their identity remain anonymous. These mandatory disclosures send a message that this information is still relevant to marriage regulation. Neither race nor gender is based in science; rather they are historical and social constructs created to uphold a system of white supremacy and heteronormativity. Thus, such statements are …


Same-Sex Parents And Their Children: Brazilian Case Law And Insights From Psychoanalysis, Helena Campos Refosco, Martha Maria Guida Fernandes Jan 2017

Same-Sex Parents And Their Children: Brazilian Case Law And Insights From Psychoanalysis, Helena Campos Refosco, Martha Maria Guida Fernandes

William & Mary Journal of Race, Gender, and Social Justice

This Article argues that maternal and paternal functions can be performed by same-sex parents from a psychological point of view. Consequently, the legal recognition of their relationship with their children meets the principle of human dignity pursuant to the Brazilian Federal Constitution.


Naiming The States Where Loving Will Be Recognized: On Tea Leaves, Horizontal Federalism, And Same-Sex Marriage, Mark Strasser Nov 2015

Naiming The States Where Loving Will Be Recognized: On Tea Leaves, Horizontal Federalism, And Same-Sex Marriage, Mark Strasser

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.