Lesbian, Gay, Bisexual, and Transgender Studies Commons^™

Suzanne Tallichet, Robert Sammons

Audio & Video History Collection

No abstract provided.

Robyn Cline, Robert Sammons

Audio & Video History Collection

No abstract provided.

Toni Hobbs, Robert Sammons

Audio & Video History Collection

No abstract provided.

A Queer Liberation Movement? A Qualitative Content Analysis Of Queer Liberation Organizations, Investigating Whether They Are Building A Separate Social Movement, Joseph Nicholas Defilippis

Dissertations and Theses

In the last forty years, U.S. national and statewide LGBT organizations, in pursuit of "equality" through a limited and focused agenda, have made remarkably swift progress moving that agenda forward. However, their agenda has been frequently criticized as prioritizing the interests of White, middle-class gay men and lesbians and ignoring the needs of other LGBT people. In their shadows have emerged numerous grassroots organizations led by queer people of color, transgender people, and low-income LGBT people. These "queer liberation" groups have often been viewed as the left wing of the GRM, but have not been extensively studied. My research investigated …

Exploring Connections Between Efforts To Restrict Same-Sex Marriage And Surging Public Opinion Support For Same-Sex Marriage Rights: Could Efforts To Restrict Gay Rights Help To Explain Increases In Public Opinion Support For Same-Sex Marriage?, Samuel Everett Christian Dunlop

Dissertations and Theses

Scholarly research on the subject of the swift pace of change in support for same-sex marriage has evolved significantly over the last ten years. The shift has gone beyond the scholarship's initial description amongst demographic groups on how opinion has changed on gay rights issues, like same-sex marriage, to an examination of why the change has occurred. A great deal of the initial research on the topic seemed to focus on demographic traits that suggested a greater propensity toward support for same-sex marriage as time went on. Is the existent literature sufficient to explain why such a dramatic change in …

Marriage Rights For Transgender People In Hong Kong: Reading The W Case, John Nguyet Erni

Professor John Nguyet Erni

“Queering The Rainbow Nation”: An Analysis Of 11 Gay And Lesbian Capetonians’ Perceptions Of Lgbt Identity In Cape Town And The South African Government’S Commitment To Lgbt Equality, Ryan Sasse

Independent Study Project (ISP) Collection

The South African government has made vast strides in the fight for LGBT equality, strides that are unparalleled by any other nation on the African continent. Unfortunately, the lack of hate crime legislation within the country—as well as the government’s unwillingness to address the nation’s resulting violence—often overshadows the accomplishments that have been made over the last few years. Keeping in mind that “[f]eminist research goals foster empowerment and emancipation for women and other marginalized groups, and feminist researchers often apply their findings in the service of promoting social justice for women,” we can see how the LGBT community is …

Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri

All Faculty Scholarship

No abstract provided.

The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw

Scott Titshaw

Much has been written about the possible effects on different-sex marriage of legally recognizing same-sex marriage. This article looks at the defense of marriage from a different angle: It shows how rejecting same-sex marriage results in political compromise and the proliferation of “marriage light” alternatives (e.g., civil unions, domestic partnerships, or reciprocal beneficiaries) that undermine the unique status of marriage for everyone. In the process, it examines several aspects of the marriage debate in detail. After describing the flexibility of marriage as it has evolved over time, the article focuses on recent state constitutional amendments attempting to stop further development. …

Civil Rights Reform And The Body, Tobias Barrington Wolff

All Faculty Scholarship

Discrimination on the basis of gender identity or expression has emerged as a major focus of civil rights reform. Opponents of these reforms have structured their opposition around one dominant image: the bathroom. With striking consistency, opponents have invoked anxiety over the bathroom -- who uses bathrooms, what happens in bathrooms, and what traumas one might experience while occupying a bathroom -- as the reason to permit discrimination in the workplace, housing, and places of public accommodation. This rhetoric of the bathroom in the debate over gender-identity protections seeks to exploit an underlying anxiety that has played a role in …

First Amendment Privacy And The Battle For Progressively Liberal Social Change, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Director's Letter, Sarah Chinn

Center for LGBTQ Studies (CLAGS)

As I write this, the snow is slowly melting: the residue of the blizzard that brought 2010 to a close (and ground the East Coast to an almost complete halt). The stillness of the air outside fosters a kind of meditativeness, although it's hard to get a firm grasp on the events of the past few weeks. After what seemed like an endless parade of false starts, Congress finally overturned Don't Ask, Don't Tell, a policy that came into being at the same time as our newest crop of undergraduates. And at almost the same moment, the DREAM Act, legislation …

Gay And Lesbian Elders: History, Law, And Identity Politics In The United States, Nancy J. Knauer

Nancy J. Knauer

The approximately two million gay and lesbian elders in the United States are an underserved and understudied population. At a time when gay men and lesbians enjoy an unprecedented degree of social acceptance and legal protection, many elders face the daily challenges of aging isolated from family, detached from the larger gay and lesbian community, and ignored by mainstream aging initiatives. Drawing on materials from law, history, and social theory, this book integrates practical proposals for reform with larger issues of sexuality and identity. Beginning with a summary of existing demographic data and offering a historical overview of pre-Stonewall views …

Diabolical Frivolity Of Neoliberal Fundamentalism, Sefik Tatlic

Sefik Tatlic

Today, we cannot talk just about plain control, but we must talk about the nature of the interaction of the one who is being controlled and the one who controls, an interaction where the one that is “controlled” is asking for more control over himself/herself while expecting to be compensated by a surplus of freedom to satisfy trivial needs and wishes. Such a liberty for the fulfillment of trivial needs is being declared as freedom. But this implies as well the freedom to choose not to be engaged in any kind of socially sensible or politically articulated struggle.

Gender Matters: Making The Case For Trans Inclusion, Nancy J. Knauer

Nancy J. Knauer

The transgender communities are producing an important and nuanced critique of our gender system. For community members, the project is self-constitutive and, therefore, has an immediacy that also marks the efforts of other marginalized groups who have attempted to make sense of the world through description, interrogation, and, ultimately, a program for transformation. The transgender project also has universalizing elements because, existing within the gender system, each one of us embodies a particular gender articulation. It is through this articulation that we define ourselves in relation to the gender we were assigned at birth, the gender we choose, the gender …

September 11 Relief Efforts And Surviving Same-Sex Partners: Reflections On Relationships In The Absence Of Legal Recognition, Nancy J. Knauer

Nancy J. Knauer

The criteria established by federal, state, and private relief efforts to assist the families of the victims of the September 11 attacks present a unique opportunity to examine the status of same-sex relationships in the United States. In the absence of uniform relationship recognition, surviving same-sex partners continue to struggle with a loss that legally is not cognizable. The stories from the September 11 survivors illustrate that a surviving partner is a legal stranger, who often must reconfigure her relationship with her partner to fit within the various legal categories where relief or compensation might be forthcoming. These legal categories …

Respect And Equality: Transsexual And Transgender Rights, Stephen Whittle

Center for LGBTQ Studies (CLAGS)

The problem of who I legally am in the world I live in has been vexatious throughout my adult life. Like other transsexual people worldwide, I face an inadequate legal framework in which to exist. Some of us live within states and nations that recognise the difficulties and attempt to provide a route way through the morass of problems that arise; others barely, if not at all, even acknowledge our being. We are simply 'not' within a world that only permits two sexes, only allows two forms of gender role, identity or expression. Always falling outside of the 'norm,' our …

Gay Marriage And The Black Community, A Policy Maker’S Perspective: Interview With State Senator Dianne Wilkerson, Castellano Turner

Trotter Review

A vocal supporter of gay marriage, Senator Dianne Wilkerson explains in this interview that her support stems from her own reality as a Black person, a child of the Civil Rights movement, and her personal experiences with discrimination stemming from her skin color. As a policy maker, Wilkerson asserts her unwillingness to subject other human beings to the same treatment that she has been subjected to, because of their sexual orientation.

Science, Identity, And The Construction Of The Gay Political Narrative, Nancy J. Knauer

Nancy J. Knauer

This Article contends that the current debate over gay civil rights is, at base, a dispute over the nature of same-sex desire. Pro-gay forces advocate an ethnic or identity model of homosexuality based on the conviction that sexual orientation is an immutable, unchosen, and benign characteristic. The assertion that, in essence, gays are "born that way," has produced a gay political narrative that rests on claims of shared identity (i.e., homosexuals are a blameless minority) and arguments of equivalence (i.e., as a blameless minority, homosexuals deserve equal treatment and protection against discrimination). The pro-family counter-narrative is based on a behavioral …

Tumbling Towers As Turning Points: Will 9/11 Usher In A New Civil Rights Era For Gay Men And Lesbians In The United States?, Susan J. Becker

Law Faculty Articles and Essays

This article examines the events of 9/11, and the potential resultant shifts in attitude, policies, and laws in the United States, through the lens of civil rights extended to gay and lesbian citizens. It seeks, but does not purport to definitively discover, the true meaning of the phrase "life will never be the same." It asks, but does not purport to fully answer, whether historians a century or two hence will look back on 9/11 as the turning point when the United States began to fulfill its promise of liberty to all people, or whether this date will be earmarked …

Constitutional Classifications And The "Gay Gene", Susan J. Becker

Law Faculty Articles and Essays

In this essay the author discusses the use of genetic information to classify individuals for purposes of the law, and more specifically, the impact of the so-called “gay gene” on legal classifications.

September 11 Attacks And Surviving Same-Sex Partners: Defining Family Through Tragedy, Nancy J. Knauer

Nancy J. Knauer

The September 11 relief efforts present a unique prism through which to view the status of same-sex relationships and to consider which families count when the United States is supposedly at its most generous, most united, and most injured. On a basic human level, would the nation grieve for Peggy Neff, who lost her partner of 18 years when Flight 77 crashed into the Pentagon, as it had for the widow of a fire fighter? Would Neff be eligible to file a claim with the multi-billion dollar federal September 11 Victim Compensation Fund, which Congress established to compensate victims and …

When The Local And The Global Are Too Close For Comfort, Lawrence La Fountain-Stokes

Center for LGBTQ Studies (CLAGS)

In the early morning of August 15, 2001, Edgar Garzon, a 35-year-old Latino gay man better know as "Eddie," was viciously attacked with a "blunt instrument" by an unidentified assailant who jumped out of a red car. This occurred in Jackson Heights, Queens, an extremely diverse neighborhood with large concentrations of Latin Americans, Indians, Pakistanis, Bangladeshis and Koreans and a sizeable gay population. Garzon suffered three fractures in his cranium and was in a coma until September 4, when he passed away at Elmhurst Medical Center. His family, who reside mostly in Colombia and Florida, as well as his close …

The Equal Access Act And Public Schools: What Are The Legal Issues Related To Recognizing Gay Student Groups?, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.

"Closet Case": Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren L. Hutchinson

Faculty Articles

This Article argues that the Supreme Courts decision in Boy Scouts of America v. Dale misapplies and ignores controlling First Amendment precedent and incorrectly dermes "sexual identity" as a clinical or biological imposition that exists apart from expression or speech. This Article provides a doctrinal alternative to Dale that would protect vital interests in both equality and liberty and that would not condition, as does Dale, sexual "equality" upon the silencing of gay, lesbian, bisexual, and transgender individuals.

"Simply So Different": The Uniquely Expressive Character Of The Openly Gay Individual After Boy Scouts V. Dale, Nancy J. Knauer

Nancy J. Knauer

Boy Scouts v. Dale was uniformly considered a set back for gay rights. Undeniably, it was not a good result for James Dale or other openly gay individuals who would like to participate in the largest youth organization in the U.S. This Article views Boy Scouts v. Dale in a different light and suggests that the expressive character of the openly gay individual endorsed by the majority may signal an opportunity to argue for greater First Amendment protections. The majority recognized that a single avowal of homosexuality imbues the openly gay individual with a uniquely expressive character. Wherever he goes, …

Homosexuality As Contagion: From The Well Of Loneliness To The Boy Scouts, Nancy J. Knauer

Nancy J. Knauer

In the political arena, there are currently two central and competing views of homosexuality. Pro-family organizations, working from a contagion model of homosexuality, contend that homosexuality is an immoral, unhealthy, and freely chosen vice. Many pro-gay organizations espouse an identity model of homosexuality under which sexual orientation is an immutable, unchosen, and benign characteristic. Both pro-family and pro-gay organizations believe that to define homosexuality is to control its legal and political status. This sometimes bitter debate regarding the nature of same-sex desire might seem like an exceedingly contemporary development. However, the ex-gay media blitz of 2000 represents only the latest …

Couples: Marriage, Civil Union, And Domestic Partnership, David L. Chambers

Book Chapters

In this country, during the last decades of the twentieth century, thousands of lesbians married other women and thousands of gay men married other men. Many of these couples recited traditional vows in churches and synagogues. Others have pledged to each other in their own backyards in words that they wrote themselves. But not one of these thousands of solemn occasions was recognized as creating a legally valid marriage. In the United States, each state has its own statute defining who can marry, and as far as the states were concerned, these couples were playing dress up. One state has …

Supreme Court To Rule On Student Fees Case, Arthur S. Leonard

Center for LGBTQ Studies (CLAGS)

The U.S. Supreme Court announced March 29 that it will intervene in the "culture wars" raging in academia by considering whether public university students have a constitutional right to block use of their student activity fees by student organizations of which they disapprove. Lesbian and gay studies programs, such as CLAGS, are at the heart of these culture wars, as right-wing groups raise public controversies about the discussion of sexuality in the academy and question the very legitimacy of lesbian and gay studies as an academic discipline.

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …