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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 …
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 …