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Full-Text Articles in Law
Find Out What It Means To Me: The Politics Of Respect And Dignity In Sexual Orientation Antidiscrimination, Jeremiah A. Ho
Find Out What It Means To Me: The Politics Of Respect And Dignity In Sexual Orientation Antidiscrimination, Jeremiah A. Ho
Utah Law Review
This Article considers the state of LGBTQ equality after the Supreme Court’s decision in Obergefell v. Hodges. Specifically, by examining this upsurge of social visibility for same-sex couples as both acceptance of sexual minorities and cultural assimilation, the Article finds that the marriage cases at the Supreme Court—Obergefell and United States v. Windsor—shifted the framing of gay rights from the politics of respect that appeared more than a decade ago in Lawrence v. Texas toward a politics of respectability. The Article traces this regression in Justice Kennedy’s own definition of dignity from Lawrence, where he approached the concept of dignity …
Same-Sex Marriage Litigation And Children's Right To Be Queer, Clifford Rosky
Same-Sex Marriage Litigation And Children's Right To Be Queer, Clifford Rosky
Utah Law Faculty Scholarship
This essay examines how lawyers and judges have framed the question of children’s queerness in litigation over samesex marriage. First, it argues that in United States v. Windsor and Obergefell v. Hodges, the US Supreme Court invoked the tropes of dignity, injury, and immutability to set the outer limits of sexual liberty for both children and adults. Next, the essay looks back to the early work of queer theorists, legal scholars, and lawyers to unearth a more promising vision of law’s relationship to children’s queerness. By juxtaposing how two judges approached the possibility of the gay child in Utah and …