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Articles 1 - 27 of 27
Full-Text Articles in Law
Silencing And Surveillance: The Struggle Of Same-Sex Desire In The Shadow Of The 20th-Century Police State, Ethan Dunn
Silencing And Surveillance: The Struggle Of Same-Sex Desire In The Shadow Of The 20th-Century Police State, Ethan Dunn
Honors Theses
This paper investigates the intersection of social perceptions of vice and gender norms in shaping the policing of sexual orientation and sexuality during the turn of the twentieth century. Employing a legal analysis rooted in the law and society movement and critical legal studies, this study examines how social anxieties surrounding vice and vice crimes prompted swift legislative measures at both federal and state levels, resulting in statutes characterized by broad language that granted extensive discretion to law enforcement officials and judges. The emergence of morals and vice police squads further intensified the targeting of individuals who deviated from prevailing …
Topology Of The Closet, Michael Boucai
Topology Of The Closet, Michael Boucai
Journal Articles
Despite the closet’s centrality to queer culture and theory, the metaphor’s various meanings have yet to be disaggregated and defined. Following Eve Kosofsky Sedgwick’s identification of the closet with a “crisis of homo/heterosexual definition, indicatively male, dating from the end of the nineteenth century,” the present article uses an array of late-Victorian sources—especially The Memoirs of John Addington Symonds and Teleny, a pornographic novel sometimes attributed to Oscar Wilde—to describe and distinguish: (1) so-called latent homosexuality (“the unconscious closet”); (2) deliberate strategies of suppression, abstention, and reformation (“the conscious closet”); (3) clandestine pursuits of gay sex and sociability (“the double …
1 Step Forward 2 Steps Back: The Transgender Individual Right To Access Optimal Health Care, Alexandre Rotondo-Medina
1 Step Forward 2 Steps Back: The Transgender Individual Right To Access Optimal Health Care, Alexandre Rotondo-Medina
Journal of Race, Gender, and Ethnicity
No abstract provided.
To Protect Or Not To Protect, An Empirical Approach To Predicting Where The Fourth Circuit Would Stand On Coverage For Sexual Orientation Discrimination Under Title Vii, Mary Stuart King
South Carolina Law Review
No abstract provided.
Conversion Therapy: A Brief Reflection On The History Of The Practice And Contemporary Regulatory Efforts, Tiffany C. Graham
Conversion Therapy: A Brief Reflection On The History Of The Practice And Contemporary Regulatory Efforts, Tiffany C. Graham
Scholarly Works
No abstract provided.
The Consideration Of Male Victims Of Sexual Violence As A Subset Of The Particular Social Group “Homosexual” In Adjudicating Asylum Claims, Christiana Desrosiers
The Consideration Of Male Victims Of Sexual Violence As A Subset Of The Particular Social Group “Homosexual” In Adjudicating Asylum Claims, Christiana Desrosiers
Pace International Law Review
This Article analyzes the difficulties African male victims of sexual violence experience when seeking asylum in homophobic host countries and the lack of attention they receive from international and national governments and organizations. It concludes by recommending that male victims of sexual violence be able to seek asylum in host countries due to lack of medical care that they receive in their countries on account of imputed homosexual status.
Immigration And Naturalization-Petition For Naturalization-Alien, A Veteran Who Served Honorably In The United States Armed Forces, And Whose Requirements For Citizenship Are Otherwise Eased, Cannot Be Denied Citizenship For Lack Of "Good Moral Character" Solely On The Basis Of His Homosexuality, Walter E. Leggett Jr
Georgia Journal of International & Comparative Law
No abstract provided.
Sex And The Shari’A: Defining Gender Norms And Sexual Deviancy In Shi’I Islam, Haider Ala Hamoudi
Sex And The Shari’A: Defining Gender Norms And Sexual Deviancy In Shi’I Islam, Haider Ala Hamoudi
Articles
This paper demonstrates that modern authoritative jurists working within the Shi’i tradition have developed their rules respecting sex regulation to serve three primary commitments. The first of these is that there is an intense and near debilitating desire on the part of human beings generally, though mostly men, for a great deal of sex. This desire must be satisfied, but it also must be tightly controlled. This is because of the second commitment, which is that excessive licentiousness is a form of secular distraction from a believer’s central obligation to worship God. Finally, and perhaps the most interesting, is the …
No Religious Out For Firefighters Staffing Engine In Pride Parade, Arthur S. Leonard
No Religious Out For Firefighters Staffing Engine In Pride Parade, Arthur S. Leonard
Other Publications
No abstract provided.
The Persecution Of Homosexuals During The Holocaust, Jennifer Rokakis
The Persecution Of Homosexuals During The Holocaust, Jennifer Rokakis
Senior Honors Theses and Projects
No abstract provided.
The Rise And Fall Of Western Homohysteria, Eric Anderson
The Rise And Fall Of Western Homohysteria, Eric Anderson
Journal of Feminist Scholarship
In this essay, I draw upon my pro-feminist background to describe the formulation of the concept of homohysteria and explain its heuristic utility in conceptualizing historical shifts in heterosexual men's gendered regimes. I suggest that in times of high homohysteria, heterosexual men are compelled to align their identities and behaviors with orthodox (hypermasculine) notions of men's masculinity. This is in order to avoid homosexualization. Conversely, heterosexual men retain considerably more gendered freedom in times of low or no homohysteria. I describe this as a cultural process related to homophobia and define the term homohysteria as men's fear of being homosexualized, …
Gay And Lesbian Elders: Estate Planning And End-Of-Life Decisionmaking, Nancy J. Knauer
Gay And Lesbian Elders: Estate Planning And End-Of-Life Decisionmaking, Nancy J. Knauer
Nancy J. Knauer
This Article addresses the three areas of core concern for gay and lesbian elders -- chosen family, financial insecurity, and anti-gay bias in the context of estate planning. The first section provides an overview of the current generation of gay and lesbian elders, including a summary of pre-Stonewall history and existing demographic information. The second section outlines the challenges associated with drafting an estate plan that favors chosen family over next of kin. The third section engages the topic of financial insecurity, discussing various benefits and government programs, such as social security and Medicaid planning. The fourth and final section …
Theorizing And Litigating The Rights Of Sexual Minorities, Nancy Levit
Theorizing And Litigating The Rights Of Sexual Minorities, Nancy Levit
Faculty Works
One of the best measures of a society is how it treats its vulnerable groups. A central idea in Professor Martha Nussbaum's writings is that all humans "are of equal dignity and worth, no matter where they are situated in society." The strategic challenge in lesbian, gay, bisexual and transgendered (LGBT) rights litigation is how to get courts to see sexual minorities as people worthy of equal dignity and respect. This article focuses on the roles of a positive emotion - love - and a procedural method of proof - science - in the shaping of laws defining the rights …
Gay And Lesbian Elders: History, Law, And Identity Politics In The United States, Nancy J. Knauer
Gay And Lesbian Elders: History, Law, And Identity Politics In The United States, Nancy J. Knauer
Nancy J. Knauer
The approximately two million gay and lesbian elders in the United States are an underserved and understudied population. At a time when gay men and lesbians enjoy an unprecedented degree of social acceptance and legal protection, many elders face the daily challenges of aging isolated from family, detached from the larger gay and lesbian community, and ignored by mainstream aging initiatives. Drawing on materials from law, history, and social theory, this book integrates practical proposals for reform with larger issues of sexuality and identity. Beginning with a summary of existing demographic data and offering a historical overview of pre-Stonewall views …
Theorizing And Litigating The Rights Of Sexual Minorities, Nancy Levit
Theorizing And Litigating The Rights Of Sexual Minorities, Nancy Levit
Nancy Levit
One of the best measures of a society is how it treats its vulnerable groups. A central idea in Professor Martha Nussbaum's writings is that all humans "are of equal dignity and worth, no matter where they are situated in society." The strategic challenge in lesbian, gay, bisexual and transgendered (LGBT) rights litigation is how to get courts to see sexual minorities as people worthy of equal dignity and respect. This article focuses on the roles of a positive emotion - love - and a procedural method of proof - science - in the shaping of laws defining the rights …
The Geronimo Bank Murders: A Gay Tragedy, Joan W. Howarth
The Geronimo Bank Murders: A Gay Tragedy, Joan W. Howarth
Scholarly Works
The Geronimo Bank Murders examines the intersection of homosexuality and capital punishment through the lenses of cultural criticism, queer theory, and legal analysis. The paper's subject is Jay Neill, who was executed in 2002 for murdering four people in a gruesome Geronimo, Oklahoma bank robbery in 1984, and for being gay. Current capital punishment doctrine permits, and perhaps even encourages, such results. The Geronimo Bank Murders recasts Neill's story, privileging homosexuality and gender, and uses that account to make three points, each based in law, culture, and politics. First, as a matter of legal doctrine, recognizing the error in using …
The Recognition Of Same-Sex Relationships: Comparative Institutional Analysis, Contested Social Goals, And Strategic Institutional Choice, Nancy J. Knauer
The Recognition Of Same-Sex Relationships: Comparative Institutional Analysis, Contested Social Goals, And Strategic Institutional Choice, Nancy J. Knauer
Nancy J. Knauer
The emerging field of comparative institutional analysis (CIA) has much to offer public policy analysts. However, the failure of CIA to address the dynamic process through which social goals are articulated limits the scope of its application to the largely prescriptive pronouncements of legal scholars. By examining the movement for equal recognition of same-sex relationships, this Essay builds on the basic observations of CIA and introduces a new dimension, namely the dynamic process through which social goals are articulated and social change is pursued. The acknowledgment that the production of social goals involves institutional behavior, as well as multiple sites …
A Marriage Skeptic Responds To The Pro-Marriage Proposals To Abolish Civil Marriage, Nancy J. Knauer
A Marriage Skeptic Responds To The Pro-Marriage Proposals To Abolish Civil Marriage, Nancy J. Knauer
Nancy J. Knauer
This essay responds to the pro-marriage proposals to abolish civil marriage presented by Professors Crane and Zelinsky. As a marriage skeptic, I do not share their unwavering support of marriage, but there are numerous points of agreement. I agree with Professor Zelinsky that a vision of a world without civil marriage is an important metric against which to evaluate public policy proposals. In addition, I find quite compelling the notion that a private deregulated marriage regime would promote a more mindful partnership where expectations were express, responsibilities were clear, and the terms were tailor-made for the particular couple. Finally, I …
Rhetorical Holy War: Polygamy, Homosexuality, And The Paradox Of Community And Autonomy, Gregory C. Pingree
Rhetorical Holy War: Polygamy, Homosexuality, And The Paradox Of Community And Autonomy, Gregory C. Pingree
ExpressO
The article explores the rhetorical strategies deployed in both legal and cultural narratives of Mormon polygamy in nineteenth-century America. It demonstrates how an understanding of that unique communal experience, and the narratives by which it was represented, informs the classic paradox of community and autonomy – the tension between the collective and the individual. The article concludes by using the Mormon polygamy analysis to illuminate a contemporary social situation that underscores the paradox of community and autonomy – homosexuality and the so-called culture wars over family values and the meaning of marriage.
Dimensions Of Equality In Regulating Assisted Reproductive Technologies, Mary Crossley
Dimensions Of Equality In Regulating Assisted Reproductive Technologies, Mary Crossley
Articles
Although concerns about individual liberty and the nature and extent of reproductive freedom have tended to dominate discussions regarding the proliferation of and access to reproductive technologies, questions about the implications of assisted reproductive technologies (ARTs) for equality have also arisen. Despite the high number of invocations of equality in the literature regarding ARTs, to date little effort has been made to comprehensively examine the implications of ARTs for equality. This short Article seeks to highlight the variety of equality issues that ARTs present and to develop a framework for classifying different types of equality issues. Specifically, I suggest that …
Science, Identity, And The Construction Of The Gay Political Narrative, Nancy J. Knauer
Science, Identity, And The Construction Of The Gay Political Narrative, Nancy J. Knauer
Nancy J. Knauer
This Article contends that the current debate over gay civil rights is, at base, a dispute over the nature of same-sex desire. Pro-gay forces advocate an ethnic or identity model of homosexuality based on the conviction that sexual orientation is an immutable, unchosen, and benign characteristic. The assertion that, in essence, gays are "born that way," has produced a gay political narrative that rests on claims of shared identity (i.e., homosexuals are a blameless minority) and arguments of equivalence (i.e., as a blameless minority, homosexuals deserve equal treatment and protection against discrimination). The pro-family counter-narrative is based on a behavioral …
Trends. China And Homosexuality: The Politics Of Security, Ibpp Editor
Trends. China And Homosexuality: The Politics Of Security, Ibpp Editor
International Bulletin of Political Psychology
This article discusses the removal of homosexuality from a list of mental illnesses by the Chinese Psychiatric Association (CPA) in the context of international security.
Homosexuality As Contagion: From The Well Of Loneliness To The Boy Scouts, Nancy J. Knauer
Homosexuality As Contagion: From The Well Of Loneliness To The Boy Scouts, Nancy J. Knauer
Nancy J. Knauer
In the political arena, there are currently two central and competing views of homosexuality. Pro-family organizations, working from a contagion model of homosexuality, contend that homosexuality is an immoral, unhealthy, and freely chosen vice. Many pro-gay organizations espouse an identity model of homosexuality under which sexual orientation is an immutable, unchosen, and benign characteristic. Both pro-family and pro-gay organizations believe that to define homosexuality is to control its legal and political status. This sometimes bitter debate regarding the nature of same-sex desire might seem like an exceedingly contemporary development. However, the ex-gay media blitz of 2000 represents only the latest …
Domestic Partnership And Same-Sex Relationships: A Marketplace Innovation And A Less Than Perfect Institutional Choice, Nancy J. Knauer
Domestic Partnership And Same-Sex Relationships: A Marketplace Innovation And A Less Than Perfect Institutional Choice, Nancy J. Knauer
Nancy J. Knauer
The struggle for the recognition and protection of same-sex relationships is at the forefront of the contemporary gay and lesbian civil rights agenda. Whereas the push for same-sex marriage and parenting rights has met with mixed results in the courts and the legislatures, an impressive array of organizations, including Fortune 500 companies, colleges, nonprofit corporations, and municipalities, now extend benefits to the same-sex partners of their employees. This level of success raises a provocative question regarding the potential role of institutional employers in the larger on the agenda for progressive social change. Domestic partnership benefits are a creature of the …
Sex, Reason, And A Taste For The Absurd, Robin West
Sex, Reason, And A Taste For The Absurd, Robin West
Georgetown Law Faculty Publications and Other Works
Like much of Richard Posner's best work, Sex and Reason does many things, and for that reason will no doubt attract a large and diverse readership. This heavily footnoted, exhaustively researched, and imminently accessible book is a welcome introduction to the interdisciplinary study of sex. For the lay reader it presents an arresting set of speculations about human sexuality, drawn from the author's evident familiarity with a sizeable library of studies representing at least half a dozen scientific and social scientific disciplines, assembled in a readable and lively way. Of more interest, perhaps, to academicians and social scientists familiar with …
Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney
Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney
Articles
No abstract provided.
Civil Liberties For Homosexuals: The Law In Limbo, Kenneth Lasson
Civil Liberties For Homosexuals: The Law In Limbo, Kenneth Lasson
All Faculty Scholarship
This article will examine the recent surge in litigation arising from assertions by homosexuals of their constitutional rights - cases that reflect the law in flux and conflict - and will demonstrate that both constitutional principles and social philosophy generally require resolution of the conflicts in favor of equality, without regard to sexual preference.