Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Law
Unprincipled Exclusions: The Struggle To Achieve Judicial And Legislative Equality For Transgender People, Paisley Currah, Shannon Minter
Unprincipled Exclusions: The Struggle To Achieve Judicial And Legislative Equality For Transgender People, Paisley Currah, Shannon Minter
William & Mary Journal of Race, Gender, and Social Justice
This Article examines recent efforts to enact civil rights statutes for transgender people in the United States. Part I provides an overview of the largely negative case law on the issue of whether transgender people are protected under existing sex, sexual orientation or disability discrimination laws. This context is provided, in part, to explain why transgender rights advocates have turned to the legislative branches of government to secure basic civil rights protections. Part II describes the initial successes that have been achieved as a result of this new focus on political activism and legislation. Part III examines the actual statutory …
A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Principles In Gay Legal Theory And Constitutional Doctrine, Nancy Levit
Nancy Levit
Gay legal theory is at a crossroads reminiscent of the sameness/difference debate in feminist circles and the integrationist debate in critical race theory. Formal equality theorists take the heterosexual model as the norm and then seek to show that gays, lesbians, bisexuals, and transsexuals - except for their choice of partners - are just like heterosexuals. Antisubordination theorists attack the heterosexual model itself and seek to show that a society that insists on such a model is unjust. Neither of these strategies is wholly satisfactory. The formal equality model will fail to bring about fundamental reforms as long as sexual …