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Sexuality and the Law Commons

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What Is Sexual Orientation?, Mary Ziegler 2018 Florida State University College of Law

What Is Sexual Orientation?, Mary Ziegler

Kentucky Law Journal

At a time when the Supreme Court seems closer than ever before to treating sexual orientation as a suspect classification, consideration of the legal definition of sexual orientation is both timely and important. The Court’s 2015 decision in Obergefell recognizes two guideposts for defining sexual orientation: its immutability and normalcy. While other scholars offer rich and nuanced accounts of the fight for gay, lesbian, transgender, and bisexual rights, they do not fully analyze the history of sexual orientation as a legal category. This Article closes that gap, illuminating the hidden costs of the definition of sexual orientation that Obergefell ...


Book Review: The Pimping Of Prostitution: Abolishing The Sex Work Myth By Julie Bindel, Roger Matthews 2018 The University of Kent

Book Review: The Pimping Of Prostitution: Abolishing The Sex Work Myth By Julie Bindel, Roger Matthews

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


The Devil You Don't Know: Implicit Bias Keeps Women In Their Place, Michele N. Struffolino 2017 Nova Southeastern University - Shepard Broad Law Center

The Devil You Don't Know: Implicit Bias Keeps Women In Their Place, Michele N. Struffolino

Michele N Struffolino

No abstract provided.


Ermold Files Paperwork To Challenge Davis, The Morehead News 2017 Morehead State University

Ermold Files Paperwork To Challenge Davis, The Morehead News

Media Collection

No abstract provided.


Gay Man Denied A Marriage License By Kim Davis Wants To Run Against Her, Benjamin Butterworth 2017 PinkNews

Gay Man Denied A Marriage License By Kim Davis Wants To Run Against Her, Benjamin Butterworth

Media Collection

No abstract provided.


Who Is David Ermold? Gay Man Enters County Clerk Race After Discrimination, Preeti Maheshwari 2017 International Business Times

Who Is David Ermold? Gay Man Enters County Clerk Race After Discrimination, Preeti Maheshwari

Media Collection

No abstract provided.


Ermold Filed His Paperwork With Davis, Raycom Media, The Daily Independent 2017 Morehead State University

Ermold Filed His Paperwork With Davis, Raycom Media, The Daily Independent

Media Collection

No abstract provided.


Kim Davis Denied Him A Marriage License. He’S Running To Replace Her., Niraj Chokshi 2017 New York Times

Kim Davis Denied Him A Marriage License. He’S Running To Replace Her., Niraj Chokshi

Media Collection

No abstract provided.


Kim Davis Denied His Right To Marry Another Man. Now David Ermold Is Going To Run Against Her., Eli Rosenberg 2017 Washington Post

Kim Davis Denied His Right To Marry Another Man. Now David Ermold Is Going To Run Against Her., Eli Rosenberg

Media Collection

No abstract provided.


Gay Man Denied Marriage License Hopes To Unseat County Clerk, Adam Beam 2017 Associated Press

Gay Man Denied Marriage License Hopes To Unseat County Clerk, Adam Beam

Media Collection

No abstract provided.


Rectifying The Tilt: Equality Lessons From Religion, Disability, Sexual Orientation, And Transgender, Chai R. Feldblum 2017 University of Maine School of Law

Rectifying The Tilt: Equality Lessons From Religion, Disability, Sexual Orientation, And Transgender, Chai R. Feldblum

Maine Law Review

The joy and the challenge of being located in an academic setting is that I am also able to engage in forays (albeit intermittent forays) into scholarly analysis. Delivering this lecture, and publishing this piece, provides an excellent opportunity for me to engage in such a foray. This piece, then, is a scholarly reflection on my advocacy experiences. My goal is to use my experiences in advocacy as fertile soil from which to create, I hope, a lovely flower of theory and conceptual thought. Before setting out on this endeavor, however, I would like to offer two postulates. There are ...


An Essay On The Production Of Youth Prostitution, Libby Alder 2017 University of Maine School of Law

An Essay On The Production Of Youth Prostitution, Libby Alder

Maine Law Review

Youth prostitution is more multidimensional than I think most of us are prone to admit. This essay is designed to raise the profile of some of its less prominent aspects—aspects which are not unknown exactly, but which are underrecognized and generally ignored in the context of legal analysis. The phenomenon of youth prostitution involves some thorny, sometimes confusing, issues, but those issues are eclipsed by an ideology that fails to grapple with the complexity of youth agency and the consequent position of youth in law. The result is that some kids are left inadequately served and others are utterly ...


Gender Typing In Stereo: The Transgender Dilemma In Employment Discrimination, Richard F. Storrow 2017 University of Maine School of Law

Gender Typing In Stereo: The Transgender Dilemma In Employment Discrimination, Richard F. Storrow

Maine Law Review

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination against men because they are men and against women because they are women. This familiar characterization of the Act has been quoted in dozens of sex discrimination cases to support a narrow view of who is protected against sex discrimination in this country. When transsexuals file suit, “[e]mployment discrimination jurisprudence at both the federal and state levels ... captures transsexuals in a discourse of exclusion from social participation. This wide net, using a remarkably refined system of semantic manipulations, snags all claims launched by transsexuals and reveals ...


Sex, Allies And Bfoqs: The Case For Not Allowing Foreign Corporations To Violate Title Vii In The United States, Keith Sealing 2017 University of Maine School of Law

Sex, Allies And Bfoqs: The Case For Not Allowing Foreign Corporations To Violate Title Vii In The United States, Keith Sealing

Maine Law Review

The extent to which foreign corporations as well as their domestic subsidiaries can discriminate against American employees on the basis of sex, age, religion, and national origin in a manner that would be acceptable under their own laws and customs but inimical to American law is currently determined by a muddled jumble of circuit court opinions interpreting a “[w]e express no view” Supreme Court footnote. As a result, American victims of sexual discrimination have much less protection under Title VII of the Civil Rights Act of 1964 when the discriminating actor is a foreign corporation or its domestic subsidiary ...


Lessons For Legalizing Love: A Case Study Of The Naz Foundation's Campaign To Decriminalize Homosexuality In India, Preston G. Johnson 2017 SIT Graduate Institute

Lessons For Legalizing Love: A Case Study Of The Naz Foundation's Campaign To Decriminalize Homosexuality In India, Preston G. Johnson

Capstone Collection

In 1860, British colonizers codified Section 377 into the Indian Penal Code. 377 is an anti-sodomy law based on Victorian/Judeo-Christian values which criminalizes homosexuality through judicial interpretation and the manipulation of ambiguous language. On August 15th, 2017, India celebrated 70 years of independence from British control, yet 377 still exerts oppressive control over the safety and freedom of Indian LGBTQI communities. Defining queerness as perversion has caused LGBTQI individuals to become victims of false accusations, blackmail, harassment, housing and workplace discrimination, familial rejection, forced “conversion therapy”, assault, rape, torture, and even murder because of this power imbalance and ...


Sexual Orientation, Equal Treatment And The Right To Manifest Religion: Lee V Mcarthur, Mel Cousins 2017 Trinity College Dublin

Sexual Orientation, Equal Treatment And The Right To Manifest Religion: Lee V Mcarthur, Mel Cousins

Mel Cousins

This note outlines the recent decisions of the Northern Ireland courts in what has become known as the ‘gay cake’ case. The county court ruled that the bakery (Ashers) and its directors had discriminated against Mr. Lee on the grounds of sexual orientation (under the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006) and on the grounds of political opinion and/or religious belief (under the Fair Employment and Treatment (Northern Ireland) Order 1998). The court further held that any limit on the manifestation of the defendant’s religious beliefs was necessary in a democratic society and a proportionate means ...


Working Sex Words, Anita Bernstein 2017 Brooklyn Law School

Working Sex Words, Anita Bernstein

Michigan Journal of Gender and Law

Imagine yourself tasked to speak for a few minutes about legal controls on sex-selling in the United States, or any other country you choose. You need not have thought about the particulars. As someone willing to read a law review article, you have enough to say because sex-selling overlaps with the subject knowledge you already have. Criminal law, contracts, employment law, immigration law, tort law, zoning, commercial law, and intellectual property, among other legal categories, all intersect with this topic. In your brief remarks on how law attempts to mediate the sale and purchase of sex, you have only one ...


Sexual Orientation Change Efforts, Professional Psychology, And The Law: A Brief History And Analysis Of A Therapeutic Prohibition, Christopher H. Rosik 2017 Brigham Young University Law School

Sexual Orientation Change Efforts, Professional Psychology, And The Law: A Brief History And Analysis Of A Therapeutic Prohibition, Christopher H. Rosik

Brigham Young University Journal of Public Law

No abstract provided.


Strange Bedfellows: How An Anticipatory Countermovement Brought Same-Sex Marriage Into The Public Arena, Michael C. Dorf, Sidney Tarrow 2017 Cornell Law School

Strange Bedfellows: How An Anticipatory Countermovement Brought Same-Sex Marriage Into The Public Arena, Michael C. Dorf, Sidney Tarrow

Michael C. Dorf

Since the 1980s, social movement scholars have investigated the dynamic of movement/countermovement interaction. Most of these studies posit movements as initiators, with countermovements reacting to their challenges. Yet sometimes a movement supports an agenda in response to a countermovement that engages in what we call “anticipatory countermobilization.” We interviewed ten leading LGBT activists to explore the hypothesis that the LGBT movement was brought to the fight for marriage equality by the anticipatory countermobilization of social conservatives who opposed same-sex marriage before there was a realistic prospect that it would be recognized by the courts or political actors. Our findings ...


The Bawd And The Bard: Mercy Tempers Strict Statutory Application In Shakespeare's Measure For Measure, C.M.A. Mc Cauliff 2017 St. John's University School of Law

The Bawd And The Bard: Mercy Tempers Strict Statutory Application In Shakespeare's Measure For Measure, C.M.A. Mc Cauliff

The Catholic Lawyer

No abstract provided.


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