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Full-Text Articles in Law
The Rhetoric Of Bigotry And Conscience In Battles Over "Religious Liberty V. Lgbt Rights", Linda C. Mcclain
The Rhetoric Of Bigotry And Conscience In Battles Over "Religious Liberty V. Lgbt Rights", Linda C. Mcclain
Faculty Scholarship
Charges, denials, and countercharges of “bigotry” are a familiar feature in debates over the evident conflict between LGBT rights and religious liberty. A frequent claim is that religious individuals who reject the extension of civil marriage to same-sex couples and seek conscience-based exemptions from state public accommodations law that protect against discrimination on the basis of sexual orientation are being “branded” as bigots. The rhetoric of bigotry raises a number of puzzles. Is sincerity or the appeal to conscience a defense to charge of bigotry? Is a charge of bigotry inferred simply from asserting that society should learn lessons from …
Sexual Orientation Discrimination Under Title Vii: The Promising Road Ahead, Sydney Wright
Sexual Orientation Discrimination Under Title Vii: The Promising Road Ahead, Sydney Wright
Loyola of Los Angeles Law Review
No abstract provided.
Born Free: Toward An Expansive Definition Of Sex, Laura Palk, Shelly Grunsted
Born Free: Toward An Expansive Definition Of Sex, Laura Palk, Shelly Grunsted
Michigan Journal of Gender & Law
The State of New York recently issued its first physician-certified “intersex” birth certificate, correcting a 55-year-old’s original birth certificate. This is a positive step towards eliminating the traditional binary approach to a person’s birth sex, but it creates potential uncertainties in the employment discrimination context. Over the past several years, the definition of what constitutes “discrimination on the basis of sex” has both expanded (with the legalization of same-sex marriage) and narrowed (restricting the use of gender specific bathrooms). Until recently it appeared that a broader definition of the term “sex” would become the judicial—and possibly legislative—norm in a variety …
Maine's "Act To Protect Traditional Marriage And Prohibit Same-Sex Marriages": Questions Of Constitutionality Under State And Federal Law, Jennifer B. Wriggins
Maine's "Act To Protect Traditional Marriage And Prohibit Same-Sex Marriages": Questions Of Constitutionality Under State And Federal Law, Jennifer B. Wriggins
Maine Law Review
In 1997, Maine's Legislature passed “An Act to Protect Traditional Marriage and Prohibit Same-Sex Marriages” (Act). The summary attached to the bill states that the bill “prohibits persons of the same sex from contracting marriage.” The bill was the verbatim text of an initiative petition. Civil marriage in Maine and other states is regulated by state statute, and marriage regulation is generally considered to be within the state's police power. However, the state's power to regulate marriage is subject to constitutional limitations. I maintain that “heightened scrutiny” should be applied to the Act because the Act creates a gender-based classification, …
What Is Sexual Orientation?, Mary Ziegler
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 endorses. …
"Because Of Sex", Jack B. Harrison
"Because Of Sex", Jack B. Harrison
Loyola of Los Angeles Law Review
Many Americans currently believe that federal law prohibits discrimination because of sexual orientation and gender identity in the workplace. While it is true that Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits employers from discriminating because of an employee’s race, color, religion, sex, or national origin, courts and legislators have historically been slow to extend these protections to LGBT workers. The result of this reluctance is that LGBT employees remain largely unprotected under an unpredictable patchwork of laws and policies, consisting of presidential executive orders, private employer initiatives, city and county ordinances, gubernatorial executive orders, and …
Comment: Queer Womyn Of Color And Employment Discrimination Law In Wisconsin - Does Wisconsin Law Do Enough To Lift Anxiety?, Amber Lara
Marquette Benefits and Social Welfare Law Review
America's current leadership appears to actively seek out ways to isolate and oppress those who do not identify as cis-gender white heterosexual males. The purpose of this comment is to help readers understand the issues queer womyn of color face interacting with society on a daily basis. This comment will outline the harmful expectations of assimilation and how failure to assimilate may make these womyn targets in their work environments. This comment will also compare the handling of employment discrimination under Title VII and Wisconsin law and determine whether Wisconsin law in practice actually affords queer womyn of color more …
Decisive Win For Lesbians In Oregon Cake Case, Arthur S. Leonard
Decisive Win For Lesbians In Oregon Cake Case, Arthur S. Leonard
Other Publications
No abstract provided.
The First Queer Right, Scott Skinner-Thompson
The First Queer Right, Scott Skinner-Thompson
Michigan Law Review
A review of Carlos A. Ball, The First Amendment and LGBT Equality: A Contentious History.
Sexual Orientation And Gender Identity Discrimination, Holning Lau
Sexual Orientation And Gender Identity Discrimination, Holning Lau
Holning Lau