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Full-Text Articles in Law

The Loving Analogy: Race And The Early Same-Sex Marriage Debate, Samuel W D Walburn Sep 2017

The Loving Analogy: Race And The Early Same-Sex Marriage Debate, Samuel W D Walburn

The Purdue Historian

In the early same-sex marriage debates advocates and opponents of marriage equality often relied upon comparing mixed-race marriage jurisprudence and the Loving v Virginia decision in order to conceptualize same-sex marriage cases. Liberal commentators relied upon the analogy between the Loving decision in order to carve out space for the protection of same-sex marriage rights. Conservative scholars, however, denounced the equal protection and due process claims that relied on the sameness of race and sexuality as inexact parallels. Finally, queer and black radicals called the goal of marriage equality into question by highlighting the white supremacist and heterosexist nature of …


Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice, Judith E. Koons Dec 2016

Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice, Judith E. Koons

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


The Overrepresentation Of Lesbian, Gay, Bisexual, Questioning, Gender Nonconforming And Transgender Youth Within The Child Welfare To Juvenile Justice Crossover Population, Angela Irvine Ph.D., Aisha Canfield M.P.P Jan 2016

The Overrepresentation Of Lesbian, Gay, Bisexual, Questioning, Gender Nonconforming And Transgender Youth Within The Child Welfare To Juvenile Justice Crossover Population, Angela Irvine Ph.D., Aisha Canfield M.P.P

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Thrown Away For Being Gay: The Abandonment Of Lgbt Youth And Their Lack Of Legal Recourse, Caitlin "Casey" Judge May 2015

Thrown Away For Being Gay: The Abandonment Of Lgbt Youth And Their Lack Of Legal Recourse, Caitlin "Casey" Judge

Indiana Journal of Law and Social Equality

One of the most pervasive risks LGBT youth face today is the threat of being thrown out of their homes because of their sexual orientation. According to a Massachusetts Youth Risk Behavior Survey, one in four teens that identify as lesbian or gay are homeless. Of the estimated 575,000 to 2.8 million youth that are homeless each year, between 20 percent and 40 percent identify as LGBT. While youth homelessness is most often attributed to neglect, family tragedy, poverty, and addiction, most LGBT youth populations attribute their homelessness directly to their sexual orientation. This suggests that these parents and families …


Baker V. Nelson: Flotsam In The Tidal Wave Of Windsor's Wake, David B. Cruz May 2015

Baker V. Nelson: Flotsam In The Tidal Wave Of Windsor's Wake, David B. Cruz

Indiana Journal of Law and Social Equality

Part I of this Article sketches the virtually unbroken string of pro-marriage decisions in the lower federal and state courts since the U.S. Supreme Court’s 2013 ruling in United States v. Windsor to give a sense of the size and magnitude of this “tidal wave” of precedent. Next, Part II briefly explores some of the reasons that might help account for the flood of litigation and overwhelmingly positive outcomes. Part III tentatively suggests one way this flow of decisions in favor of marriage equality might influence the Supreme Court as it returns to the issue. Part II then at some …


Same-Sex Marriage And Due Process Traditionalism, Ronald Turner Jan 2015

Same-Sex Marriage And Due Process Traditionalism, Ronald Turner

University of Richmond Law Review

No abstract provided.


Spelling Out Lgbt: Enumerating Sexual Orientation In Virginia's Anti-Bullying Law, Melissa Wright May 2013

Spelling Out Lgbt: Enumerating Sexual Orientation In Virginia's Anti-Bullying Law, Melissa Wright

University of Richmond Law Review

No abstract provided.


Tyrone Garner's Lawrence V. Texas, Marc Spindelman Apr 2013

Tyrone Garner's Lawrence V. Texas, Marc Spindelman

Michigan Law Review

Dale Carpenter's Flagrant Conduct: The Story of Lawrence v. Texas has been roundly greeted with well-earned praise. After exploring the book's understanding of Lawrence v. Texas as a great civil rights victory for lesbian and gay rights, this Review offers an alternative perspective on the case. Built from facts about the background of the case that the book supplies, and organized in particular around the story that the book tells about Tyrone Garner and his life, this alternative perspective on Lawrence explores and assesses some of what the decision may mean not only for sexual orientation equality but also for …


Disgust And The Problematic Politics Of Similarity, Courtney Megan Cahill Apr 2011

Disgust And The Problematic Politics Of Similarity, Courtney Megan Cahill

Michigan Law Review

Martha Nussbaum's latest book, From Disgust to Humanity: Sexual Orientation & Constitutional Law, could not have come at a more opportune time in the history of gay rights in the United States. All signs point to progress toward "humanity," from same-sex couples' successful bids for marriage equality in a handful of states to the public's increasing acceptance of the prospect of gays and lesbians serving openly in the military. Even if recent cognitive science research indicates that same-sex relationships provoke more than a little disgust in some people, landmark marriage-equality victories in a few states suggest that the law is …


Commentary On Proposition 8: Much Ado About Nothing; Or A Wake-Up Call To Do Something, Lydia Edwards Jan 2009

Commentary On Proposition 8: Much Ado About Nothing; Or A Wake-Up Call To Do Something, Lydia Edwards

The Modern American

No abstract provided.


Book Review: The Trouble With Simplicity, Shannon Reeves Jan 2007

Book Review: The Trouble With Simplicity, Shannon Reeves

The Modern American

No abstract provided.


Book Review: Lesbian And Transgender Issues In Education: Programs, Policies, And Practices , Justin K. Terres Jan 2007

Book Review: Lesbian And Transgender Issues In Education: Programs, Policies, And Practices , Justin K. Terres

The Modern American

No abstract provided.


New Jersey’S Civil Union Law: A Constitutional “Equal” Creates Inequality, Thomas H. Prol Jan 2007

New Jersey’S Civil Union Law: A Constitutional “Equal” Creates Inequality, Thomas H. Prol

NYLS Law Review

No abstract provided.


Informed Consent For Routine Infant Circumcision: A Proposal, David Solomon Jan 2007

Informed Consent For Routine Infant Circumcision: A Proposal, David Solomon

NYLS Law Review

No abstract provided.


Spotlight On Kevin Jennings: Executive Director And Co-Founder Of The Gay, Lesbian, And Straight Education Network (Glsen) , Lydia Edwards Jan 2005

Spotlight On Kevin Jennings: Executive Director And Co-Founder Of The Gay, Lesbian, And Straight Education Network (Glsen) , Lydia Edwards

The Modern American

No abstract provided.