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Full-Text Articles in Law
Looking Beyond Batson: A Different Method Of Combating Bias Against Queer Jurors, Anna L. Tayman
Looking Beyond Batson: A Different Method Of Combating Bias Against Queer Jurors, Anna L. Tayman
William & Mary Law Review
On November 27, 1978, Harvey Milk, the first openly gay elected official in California’s history, was murdered. He was shot five times, twice in the head. His murderer, Dan White, was convicted of voluntary manslaughter and served only five years in prison.
The Dan White trial is the most famous example of queer juror exclusion in American history. While White’s defense attorney, Douglas Schmidt, could not directly ask the jurors about their sexual orientation, he had another strategy: find the gays and allies and keep them out, and find the Catholics and keep them in. Schmidt struck a woman who …
(No) State Interests In Regulating Gender: How Suppression Of Gender Nonconformity Violates Freedom Of Speech, Jeffrey Kosbie
(No) State Interests In Regulating Gender: How Suppression Of Gender Nonconformity Violates Freedom Of Speech, Jeffrey Kosbie
William & Mary Journal of Race, Gender, and Social Justice
Despite limited growth in legal protections for transgender people, dress and appearance are largely treated as unprotected matters of personal preference. In response, lawyers and scholars argue that dress and appearance are intimately connected to the expression of identity. Nonetheless, courts have generally deferred to the government’s proffered justifications for these laws.
This article refocuses on the government’s alleged interests in regulating gender nonconformity. Using a First Amendment analysis, the article reveals how seemingly neutral government interests are used to single out conduct because it expresses messages of gender nonconformity. This approach avoids impossible questions about the subjective intent of …