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Law and Gender

DePaul Journal of Women, Gender and the Law

Journal

Equality

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

You Can't Remain Neutral On A Moving Train – Marriage Equality In The States & Ireland: Thoughts On Freedom To Marry, Religious Heteronormativity, And Conceptions Of Equality, Kris Mcdaniel-Miccio May 2016

You Can't Remain Neutral On A Moving Train – Marriage Equality In The States & Ireland: Thoughts On Freedom To Marry, Religious Heteronormativity, And Conceptions Of Equality, Kris Mcdaniel-Miccio

DePaul Journal of Women, Gender and the Law

This title, in part, was one of the famous phrases uttered by the brilliant historian Howard Zinn, a wonderful image that applies to advocating social justice. In the United States, the train referenced by Zinn was the Freedom Train, whether it be toward gender, racial or ethnic parity. Now it is the Freedom to Marry Train and it has not only left the station, it is moving at break- neck speed and almost unstoppable. This Train built with the blood, sweat and tears of the LGBTI community, forged by fire and situated on a justified track. There is no difference …


The Constitution And Societal Norms: A Modern Case For Female Breast Equality, Brenna Helppie-Schmieder Dec 2015

The Constitution And Societal Norms: A Modern Case For Female Breast Equality, Brenna Helppie-Schmieder

DePaul Journal of Women, Gender and the Law

“The Constitution and Societal Norms: A Modern Case for Female Breast Equality” argues that laws prohibiting the public display of the female breast, but not the male breast, are unconstitutional under the Fourteenth Amendment’s Equal Protection Clause. That these laws discriminate against women is obvious, yet courts have historically refused to recognize an Equal Protection Clause violation. However, the primary reasons courts rely upon are ripe for review. Most significantly, courts typically justify female breast censorship laws based on the government interest in protecting public sensibilities, without recognizing that public sensibilities change. Indeed, perceptions of the public female breast have …