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Full-Text Articles in Law
Still Not Equal: A Report From The Red States, Clifford Rosky
Still Not Equal: A Report From The Red States, Clifford Rosky
Utah Law Faculty Scholarship
This chapter considers how the LGBT movement might pursue legal equality — alongside lived equality — now that same-sex couples enjoy the freedom to marry across the United States. In particular, it focuses on the passage of antidiscrimination laws in swing states and red states. While this objective may sound familiar — perhaps even passé — the political dynamics and strategic dilemmas that it presents are unprecedented. As one activist admits, the challenges now facing LGBT people in swing states and red states are “unlike anything we’ve faced before.” The chapter begins by explaining why the LGBT movement is likely …
Reconsidering Federal And State Obstacles To Human Trafficking And Entitlements Victim Status, Amanda Peters
Reconsidering Federal And State Obstacles To Human Trafficking And Entitlements Victim Status, Amanda Peters
Utah Law Review
The crime of human trafficking has received much political and mediaattention in recent years. Lawmakers and actors within the criminal justice system have yet to fully grasp the challenges human trafficking victims face in securing the rights, benefits, services, and protections reserved for this group. One of the qualities of the American criminal justice system is its ability to adapt to new challenges. Law and policy makers must understand whether and why human trafficking victims differ from victims of traditional crime and how entitlements for both groups overlap, yet differ. Without pondering the distinctions, trafficking victims will continue to find …
From Rights To Dignity: Drawing Lessons From Aid In Dying And Reproductive Rights, Yvonne Lindgren
From Rights To Dignity: Drawing Lessons From Aid In Dying And Reproductive Rights, Yvonne Lindgren
Utah Law Review
The transformation of AID from a constitutional rights frame to a healthcare frame highlights the importance of developing a healthcare model related to dignity that isundergirded by social support, legal rights and healthcare access. However, the history of the abortion right cautions against narrowly identifying healthcare within the confines of the individual doctor-patient relationship because it risks subordinating the decisional autonomy of patients to the decision-making of their doctors. Taken together, these movements gesture toward situating rights within a healthcare framing that considers how social, political and economic systems and relationships come to bear upon decision-making. I conclude that while …
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 …
Scrutinizing Immutability: Research On Sexual Orientation And U.S. Legal Advocacy For Sexual Minorities, Clifford Rosky, Lisa M. Diamond
Scrutinizing Immutability: Research On Sexual Orientation And U.S. Legal Advocacy For Sexual Minorities, Clifford Rosky, Lisa M. Diamond
Utah Law Faculty Scholarship
We review scientific research and legal authorities to argue that the immutability of sexual orientation should no longer be invoked as a foundation for the rights of individuals with same-sex attractions and relationships (i.e., sexual minorities). On the basis of scientific research as well as U.S. legal rulings regarding lesbian, gay, and bisexual (LGB) rights, we make three claims: First, arguments based on the immutability of sexual orientation are unscientific, given what we now know from longitudinal, population-based studies of naturally occurring changes in the same-sex attractions of some individuals over time. Second, arguments based on the immutability of sexual …