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Full-Text Articles in Law

Perceptions Of Lgbtqi+ Diversity In The Legal Profession: "It's Happening Slow, But It's Certainly Happening", Aidan Ricciardo, Stephen Puttick, Shane Rogers, Natalie Skead, Stella Tarrant, Melville Thomas Apr 2021

Perceptions Of Lgbtqi+ Diversity In The Legal Profession: "It's Happening Slow, But It's Certainly Happening", Aidan Ricciardo, Stephen Puttick, Shane Rogers, Natalie Skead, Stella Tarrant, Melville Thomas

ECU Publications Post 2013

This article reports on a qualitative study aimed at understanding how LGBTQI+ law students and recent graduates perceive and experience the legal profession. While we found that several participants self-censor in interactions with the profession, others considered their LGBTQI+ identity as advantageous, enabling them to benefit from ‘diversity hiring’. Despite this, many participants regarded the legal profession as ‘conservative’ and influenced by the ‘old guard’, which remains unaccepting of LGBTQI+ identities. Participants also considered the profession to be more accepting of some LGBTQI+ identities than others. We conclude by suggesting strategies to improve perceptions and experiences of the profession.


The Evolution Of Title Ix And Transgender Rights- A Comparative Study Of Title Ix Debates With Recommendations For Integrating Transgender Rights Into Title Ix Legislation, Jaymie Bianca Apr 2021

The Evolution Of Title Ix And Transgender Rights- A Comparative Study Of Title Ix Debates With Recommendations For Integrating Transgender Rights Into Title Ix Legislation, Jaymie Bianca

Senior Theses and Projects

This project views Title IX through a lens pertaining to transgender rights. It examines the historic adaptation and expansion of Title IX, and how it historically has not expanded to include transgender individuals. The project pays particular attention to the difference between the definitions of sex and gender, the bathroom and athletic debates in relation to transgender rights, and includes recommendations in order to properly include transgender individuals in Title IX legislation.


Bostock’S Paradox: Intersections In Lgbtq Employment Rights And Private, Religious Businesses, Christopher Smith Apr 2021

Bostock’S Paradox: Intersections In Lgbtq Employment Rights And Private, Religious Businesses, Christopher Smith

Brigham Young University Prelaw Review

Thanks to the recent opinion of Bostock v. Clayton County by the United States Supreme Court regarding the protection of LGBTQ employees in the workplace, discussion has turned to how this protection relates to religious employers. Religious organizations such as churches and mosques are afforded protections thanks to an exemption found in Title VII of the 1964 Civil Rights Act. The role and scope of these protections in regards to private, religious (but not religion-owned) businesses has been debated as recently as 2014 in the Supreme Court. In this paper I address this issue and determine that, underneath current ruling ...


Article 6.21, Tatiana Stolpovskaya Jan 2021

Article 6.21, Tatiana Stolpovskaya

Theses and Dissertations

Article 6.21 is a short documentary film that aims to examine the state of censorship around queerness in Russia today and its effects on personal lives in the queer community.

Twenty years after Russia decriminalized homosexuality, on June 30th in 2013, President Vladimir Putin signed Article 6.21 "for the Purpose of Protecting Children from Information Advocating for a Denial of Traditional Family Values", also known as the "Gay Propaganda Law". Its broad and ambiguous wording allows the government significant leeway in deciding what kind of public queerness is punishable.

In 2020 Russia passed multiple constitutional amendments that affect ...


A Retrospective Analysis Of Sex Education Messages Received By Lgb Youth, Jacqueline Bible, Alejandra Kaplan, Lisa D. Lieberman, Eva Goldfarb Sep 2020

A Retrospective Analysis Of Sex Education Messages Received By Lgb Youth, Jacqueline Bible, Alejandra Kaplan, Lisa D. Lieberman, Eva Goldfarb

Department of Public Health Scholarship and Creative Works

Using focus groups, this qualitative study asked thirty-five gay, lesbian, and bisexual (LGB) young adults to reflect on messages they received about sex and sexuality around the time they first had sex. Focus groups were conducted, recorded, transcribed, and analyzed. Through thematic analysis, the authors identified two messaging sources identified by participants: (1) formal education sources (i.e., school and parents), and (2) informal education sources (e.g., internet, peers). Formal sources often included messages perpetuating heteronormative assumptions, emphasizing abstinence, pregnancy and HIV/STI prevention, or silence as a form of messaging. Informal sources consisted of LGB-specific information. These findings ...


Lgbtq Training For Aquatic Employees: Impact On Attitudes And Professional Competencies, Austin R. Anderson, Eric Knee, William D. Ramos Apr 2020

Lgbtq Training For Aquatic Employees: Impact On Attitudes And Professional Competencies, Austin R. Anderson, Eric Knee, William D. Ramos

International Journal of Aquatic Research and Education

This study examined the impact of a LGBTQ diversity training on the attitudes and professional competencies of aquatic employees within a campus recreational sports setting. While diversity training is often discussed as a key component of inclusive aquatic programming, little empirical research examining the outcomes associated with such trainings exists. As such, members of the research team developed, implemented, and evaluated a four-month long training program consisting of one in-person training session and monthly inclusion handouts discussing issues related to the inclusion of LGBTQ participants. A comparative quantitative research design was used to measure employee’s attitudes towards the LGBTQ ...


The Relationship Between Lgbtq+ Representation On The Political And Theatrical Stages, Brett V. Ries Apr 2020

The Relationship Between Lgbtq+ Representation On The Political And Theatrical Stages, Brett V. Ries

Honors Thesis

This thesis examines the relationship between LGBTQ+ representation on the political and theatrical stages. During some decades, LGBTQ+ theatre was dictated by the politics of the time period. During other times, theatre educated and filled the silence when the government and society turned the other way. By examining LGBTQ+ plays, musicals, and political events over the past century, there are clear themes that emerge. In both the theatrical and political arenas, LGBTQ+ representation has been limited by a concept called “repressive tolerance.” Every step of progress has been met with another restriction, ranging from stereotypical caricatures to legal discrimination. In ...


¿“La Familia Diversa”?: Una Investigación En Constructos De Familias En Ecuador En El Siglo Xxi, Julia Cornick Apr 2020

¿“La Familia Diversa”?: Una Investigación En Constructos De Familias En Ecuador En El Siglo Xxi, Julia Cornick

Independent Study Project (ISP) Collection

En este ensayo, exploro la constitución ecuatoriana de 2008, específicamente el artículo 67 que reconoce y protege “la familia diversa”. Este artículo supuestamente reconoce “la familia en sus diversos tipos”. Pero, otras partes de la constitución y las acciones del gobierno niegan el artículo en muchas maneras. A pesar de las promesas rotas y palabrerías de la constitución, individuos y grupos en comunidades LGBTI en Ecuador existen afuera de la constitución cuando construyen “familias alternativas”. A través de formas de familias alternativas, los ecuatorianos pueden hacer familias alternativas y significado afuera de la constitución, y voy a investigar las implicaciones ...


Movement And Countermovement Dynamics Between The Religious Right And Lgb Community Arising From Colorado’S Amendment 2, Lauren L. Yehle, Joshua C. Wilson, Nancy D. Wadsworth, Susan Schulten Jan 2020

Movement And Countermovement Dynamics Between The Religious Right And Lgb Community Arising From Colorado’S Amendment 2, Lauren L. Yehle, Joshua C. Wilson, Nancy D. Wadsworth, Susan Schulten

DU Undergraduate Research Journal Archive

This sample of the case study of Equality Colorado will demonstrate how counter movements and litigation may limit and change how an organization surrounding a social movement acts. Colorado for Family Values helped pass Colorado’s Amendment 2 in 1992, which limited any present and future anti-discrimination legislation that would protect sexuality as a class. This ballot initiative passed by 53% of Colorado voters, and other states like Idaho and Oregon attempted to replicate this type of initiative. Amendment 2 challenged the LGB community and compelled the movement to collectively respond to the religious right with coalitions, pooled resources, and ...


It's Complicated: The Impact Of Marriage Legalization Among Sexual Minority Women And Gender Diverse Individuals In The United States, Laurie Drabble, Angie Wootton, Cindy Veldhuis, Ellen Perry, Ellen Riggle, Karen Trocki, Tonda Hughes Jan 2020

It's Complicated: The Impact Of Marriage Legalization Among Sexual Minority Women And Gender Diverse Individuals In The United States, Laurie Drabble, Angie Wootton, Cindy Veldhuis, Ellen Perry, Ellen Riggle, Karen Trocki, Tonda Hughes

Faculty Publications

This mixed-methods study explored perceptions of the impact of marriage legalization in all U.S.states among sexual minority women and gender diverse individuals. Survey data were collectedfrom a nonprobability sample of individuals 18 years or older who identified as lesbian, bisexual,queer, same-sex attracted or something other than exclusively heterosexual—as well asindividuals who identified as transgender or gender nonbinary (for example, genderqueer, transwoman, trans man, nonbinary, or gender non-conforming). The analytic sample included 418participants in an online survey who responded to open-ended questions about the perceivedimpact of marriage legalization. Qualitative analyses revealed perceptions of marriagelegalization that situated individual ...


"We Deserve Support And Liberation Instead": Analyzing New York City's Legal Responses To Sex Work 1994-2020, Eleanor Mammen Jan 2020

"We Deserve Support And Liberation Instead": Analyzing New York City's Legal Responses To Sex Work 1994-2020, Eleanor Mammen

Scripps Senior Theses

This thesis analyzes New York City's legal responses to sex work from 1994-2020, by tracing the rhetoric and consequences of quality-of-life policing, the Human Trafficking Intervention Courts, and the newly formed coalition Decrim NY, which seeks to decriminalize sex work in New York City. The paper argues for a turn away from the rigid dichotomy between victimization and criminalization, and for a rhetorical and political turn towards the prison abolitionist possibilities of decriminalization.


Legal Rights Of Transgender Students In Education, Almond A. Seals, Melissa C. Gonzales May 2019

Legal Rights Of Transgender Students In Education, Almond A. Seals, Melissa C. Gonzales

Diversity, Social Justice, and the Educational Leader

Nearly 150,000 school-aged teenagers in the United States identify as transgender, but the population continues to face harassment, bullying, and discrimination from their peers and educators. The most recent battles for bathroom access based on gender identity has led to significant policy debates nationally and statewide. It is critical for school leaders to promote an all-inclusive and safe school environment to help improve the academic experience for transgender students. The purpose of this paper is to outline the current anti-discrimination federal and state laws that protect against sex and gender identity harassment in school, including Title IX, Equal Access ...


Respect Existence Or Expect Resistance: Fundraising For Trans Law Center, Lara Martz, Sage Kramer-Urner Mar 2019

Respect Existence Or Expect Resistance: Fundraising For Trans Law Center, Lara Martz, Sage Kramer-Urner

Student Engagement Posters

Lara Martz and Sage Kramer-Urner discuss student engagement at Linfield College with regard to a fundraising campaign to benefit the Trans Law Center.


The Coming Out Of Memory: The Holocaust, Homosexuality, And Dealing With The Past, Arnaud Kurze Feb 2019

The Coming Out Of Memory: The Holocaust, Homosexuality, And Dealing With The Past, Arnaud Kurze

Department of Justice Studies Faculty Scholarship and Creative Works

This research discusses the challenges of establishing a collective memory for gay victims of the Nazi terror in World War II and examines the introduction of gay victimhood into the public sphere through memorialization efforts. While scholarly accounts on gays and the Holocaust emerged in the 1970s, little is known about the emergence and consolidation of a public narrative on gay persecutions under the Nazis. It raises important questions, including why a public voice for crimes against sexual minorities in World War II emerged only hesitantly? Drawing on historical gay memorialization processes in Germany, the author maps the obstacles for ...


#Metoo Movement: Solutions, Raquelle A. Walker-White Ms Oct 2018

#Metoo Movement: Solutions, Raquelle A. Walker-White Ms

Undergraduate Research

Sexual assault and sexual harassment is a prevalent issue that affects women at disproportionate rates on college campuses, in the workplace and in society in general. The #MeToo movement aims to bring discussion around these issues, hold sexual predators accountable for their actions, and provide a support system for survivors of sexual assault and harassment. #MeToo Movement: Solutions analyzes the scope of the problem in the United States, famous cases surrounding sexual assault, and the different solutions colleges, society in general, and legislation have put in place to combat this issue. The #MeToo Movement has made a lot of headway ...


Something Old, Something New: Historicizing Same-Sex Marriage Within Ongoing Struggles Over African Marriage In South Africa, Michael W. Yarbrough Oct 2018

Something Old, Something New: Historicizing Same-Sex Marriage Within Ongoing Struggles Over African Marriage In South Africa, Michael W. Yarbrough

Publications and Research

This article examines contemporary struggles over same-sex marriage in the daily lives of black lesbian- and gay-identified South Africans. Based primarily on 21 in-depth interviews with such South Africans drawn from a larger project on post-apartheid South African marriage, the author argues that their current struggles for relationship recognition share much in common with contemporaneous struggles of their heterosexual counterparts, and that these commonalities reflect ongoing tensions between more extended-family and more dyadic understandings of African marriage. The increasing influence of dyadic understandings of marriage, and of associated ideals of romantic love, has helped inspire same-sex marriage claims and, in ...


Feeling As Knowing: Trans Phenomenology And Epistemic Justice, B. Lee Aultman Sep 2018

Feeling As Knowing: Trans Phenomenology And Epistemic Justice, B. Lee Aultman

Dissertations, Theses, and Capstone Projects

This dissertation is a critical intervention into the literatures on epistemic and phenomenological claims about trans experiences, and embodied knowledge more generally. It also addresses the conception of ordinary affects, or feelings of self-adjustment in everyday life, and their political implications for trans people. Traditional literatures on the political tend to avoid questions of embodiment and the experiences of everyday life in favor of institutional interpretations of courts, elections, and protest movements. This has become particularly true of scholarship on trans politics and theories of ordinary life. These literatures often reduce political movements to their presumed universal intentions for constitutional ...


Radical Social Ecology As Deep Pragmatism: A Call To The Abolition Of Systemic Dissonance And The Minimization Of Entropic Chaos, Arielle Brender May 2018

Radical Social Ecology As Deep Pragmatism: A Call To The Abolition Of Systemic Dissonance And The Minimization Of Entropic Chaos, Arielle Brender

Student Theses 2015-Present

This paper aims to shed light on the dissonance caused by the superimposition of Dominant Human Systems on Natural Systems. I highlight the synthetic nature of Dominant Human Systems as egoic and linguistic phenomenon manufactured by a mere portion of the human population, which renders them inherently oppressive unto peoples and landscapes whose wisdom were barred from the design process. In pursuing a radical pragmatic approach to mending the simultaneous oppression and destruction of the human being and the earth, I highlight the necessity of minimizing entropic chaos caused by excess energy expenditure, an essential feature of systems that aim ...


On The Politics And Conceptualization Of Gender Non-Conformity : Exploring Thailand’S Kathoey Population., Macey E. Mayes May 2018

On The Politics And Conceptualization Of Gender Non-Conformity : Exploring Thailand’S Kathoey Population., Macey E. Mayes

College of Arts & Sciences Senior Honors Theses

The purpose of this thesis is to investigate the politics and conceptualization of gender in Thailand, drawing specifically on the Thai understanding of sex and gender with regard to the kathoey population. This work considers the solidification of a third-gender category and looks to the ways this solidification can inhibit the fluidity of gender and sexuality. It also analyzes the dangers of transnational advocacy and the superimposition of Western queer advocacy and theory on Thai gender identities. I approach this issue from an interdisciplinary framework that seeks to include historical, cultural, and theoretical perspectives. In examining anthropological research, critiques of ...


Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin Jan 2018

Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin

Manuscript Collection

(The Dorothy Moser Medlin Papers are currently in processing.)

This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.

Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011 ...


Introduction: For Better Or For Worse? Relational Landscapes In The Time Of Same-Sex Marriage, Michael W. Yarbrough Jan 2018

Introduction: For Better Or For Worse? Relational Landscapes In The Time Of Same-Sex Marriage, Michael W. Yarbrough

Publications and Research

As same-sex marriage has become a legal reality in a rapidly growing list of countries, the time has come to assess what this means for families and relationships on the ground. Many scholars have already begun to examine how marriage is helping some same-sex couples, but in this introduction I call for a broader and more critical research agenda. In particular, I argue that same-sex marriage crystallizes a key tension surrounding families and relationships in many contemporary societies. On the one hand, strict family norms are relaxing in many places, allowing more people to form more diverse types of caring ...


Lessons For Legalizing Love: A Case Study Of The Naz Foundation's Campaign To Decriminalize Homosexuality In India, Preston G. Johnson Dec 2017

Lessons For Legalizing Love: A Case Study Of The Naz Foundation's Campaign To Decriminalize Homosexuality In India, Preston G. Johnson

Capstone Collection

In 1860, British colonizers codified Section 377 into the Indian Penal Code. 377 is an anti-sodomy law based on Victorian/Judeo-Christian values which criminalizes homosexuality through judicial interpretation and the manipulation of ambiguous language. On August 15th, 2017, India celebrated 70 years of independence from British control, yet 377 still exerts oppressive control over the safety and freedom of Indian LGBTQI communities. Defining queerness as perversion has caused LGBTQI individuals to become victims of false accusations, blackmail, harassment, housing and workplace discrimination, familial rejection, forced “conversion therapy”, assault, rape, torture, and even murder because of this power imbalance and ...


The Legacy Of British Rule On Lgbt Rights In Jamaica And The Cayman Islands, Zachary Stewart Dec 2017

The Legacy Of British Rule On Lgbt Rights In Jamaica And The Cayman Islands, Zachary Stewart

Master's Theses

This thesis explores the relationship between British colonial influence and Lesbian, Gay, Bisexual, and Transgender (LGBT) rights in the Caribbean. Comparing the Cayman Islands, a British Overseas Territory, and Jamaica, an independent former colony of the United Kingdom, the situation for LGBT people is evaluated. While Jamaica has serious abuses and a concerning situation for the human rights of LGBT people, the Cayman Islands’ LGBT community’s position is far less concerning. Owing to its continued connection to the United Kingdom of Great Britain and Northern Ireland, the Cayman Islands’ LGBT rights situation is much less dire. Through British influence ...


Sexual Orientation Change Efforts, Professional Psychology, And The Law: A Brief History And Analysis Of A Therapeutic Prohibition, Christopher H. Rosik Nov 2017

Sexual Orientation Change Efforts, Professional Psychology, And The Law: A Brief History And Analysis Of A Therapeutic Prohibition, Christopher H. Rosik

Brigham Young University Journal of Public Law

No abstract provided.


Homophobia, Human Rights And Diplomacy, Douglas Janoff Nov 2017

Homophobia, Human Rights And Diplomacy, Douglas Janoff

Conference: The Social Practice of Human Rights

Multilateral human rights diplomacy is a product of the triad relationship between intergovernmental organizations (IGOs), civil society organizations (CSOs), and states. This paper examines the emergence of LGBT rights within the context of the UN human rights system. Recently, the global debates around LGBT rights have become much more public and increasingly complex: Ministers, leaders, and even the UN Secretary-General routinely call on states to do more to protect sexual minorities. Countries such as Uganda and Russia are labeled “homophobic” — not just by human rights activists, but by other states. These “accusations” are delivered both bilaterally and in multilateral forums ...


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 ...


How Healthcare And Culture Impacts Cost And Experience Of Sex Reassignment Surgery In Various Sites Of Europe, Carson Shaw Apr 2017

How Healthcare And Culture Impacts Cost And Experience Of Sex Reassignment Surgery In Various Sites Of Europe, Carson Shaw

Student Symposium

My presentation reviews how more widely accessible forms of health insurance impact a trans person’s ability to transition in the Netherlands, Germany, the Czech Republic, and Poland. This includes the steps and processes they must go through, the pressures of transitioning, and the overall costs of sex reassignment surgery, both socially and financially. It also takes into account the cultural stressors of transitioning as well as how different types of insurances are more or less beneficial to people in each of these countries. In order to achieve this research, I performed interviews and lectures on trans experience in each ...


The Tension Between Equal Protection And Religious Freedom, John M. Greabe Apr 2017

The Tension Between Equal Protection And Religious Freedom, John M. Greabe

Law Faculty Scholarship

[Excerpt] "The Constitution did not become our basic law at a single point in time. We ratified its first seven articles in 1788 but have since amended it 27 times. Many of these amendments memorialize fundamental shifts in values. Thus, it should come as no surprise to learn that the Constitution is not an internally consistent document."

"Other constitutional provisions -- even provisions that were simultaneously enacted -- protect freedoms that can come into conflict with one another. The First Amendment, for example, promises both freedom from governmental endorsement of religion and freedom from governmental interference with religious practice. But how do ...


Transgender Rights Without A Theory Of Gender?, Paisley Currah Apr 2017

Transgender Rights Without A Theory Of Gender?, Paisley Currah

Publications and Research

Why do courts and legislatures ban discrimination based on gender, and increasingly, gender identity, but exempt grooming and dress codes from the protections these laws offer? I argue that culpability for the courts’ and legislatures’ defense of hegemonic gender norms cannot be assigned to transgender rights movement, as some have done. These norms do not regulate only transgender people, they are not minoritizing—and neither should be the politics that seeks to transform them. The thought experiment of this review essay was to sever the analysis of particular political strategies from various assumptions about what gender really is. Agreement on ...


Courage, Postimmunity Politics, And The Regulation Of The Queer Subject, Chantal Nadeau Jul 2016

Courage, Postimmunity Politics, And The Regulation Of The Queer Subject, Chantal Nadeau

Indiana Journal of Global Legal Studies

In this paper, I argue that courage is invoked in contemporary political discourses in such a way as to regulate queer legal subjectivities. That is, the discourses of courage re-articulate the social, legal, and political relations that define and restrict the lives of lesbian, gay, bisexual, and transgender (LGBT) citizens. Drawing on Roberto Esposito's theoretical elaboration of the concept of immunity, I remap the legal and political dynamics through which nations incorporate LGBT citizens into the polity. I discuss how the regulation of gay rights in a growing number of democracies in Europe, the Americas, and South Africa has ...