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Full-Text Articles in Law

Marriage (In)Equality And The Historical Legacies Of Feminism, Serena Mayeri Nov 2015

Marriage (In)Equality And The Historical Legacies Of Feminism, Serena Mayeri

All Faculty Scholarship

In this essay, I measure the majority’s opinion in Obergefell v. Hodges against two legacies of second-wave feminist legal advocacy: the largely successful campaign to make civil marriage formally gender-neutral; and the lesser-known struggle against laws and practices that penalized women who lived their lives outside of marriage. Obergefell obliquely acknowledges marriage equality’s debt to the first legacy without explicitly adopting sex equality arguments against same-sex marriage bans. The legacy of feminist campaigns for nonmarital equality, by contrast, is absent from Obergefell’s reasoning and belied by rhetoric that both glorifies marriage and implicitly disparages nonmarriage. Even so, the history …


The Liberal As An Enemy Of Queer Justice, Craig Schamel Oct 2015

The Liberal As An Enemy Of Queer Justice, Craig Schamel

Catalyst: A Social Justice Forum

Abstract

Liberalism as a historical mode of the political is the context in which the movement and ensuing struggle for queer justice emerged in most Western countries. The terminology, practices, tendencies, beliefs, ethics, laws, and patterns of political and social life which have been determined by this mode of the political, it is argued, are inimical to queer justice and render its achievement impossible. Liberalism as a mode of the political is approached from below, from knowledge gained in practical experience in queer groups which considered themselves revolutionary at least to some degree, and from the effects on such groups …


Jennifer Reis, Robert Sammons Oct 2015

Jennifer Reis, Robert Sammons

Audio & Video History Collection

No abstract provided.


Kim Davis Part 1, Robert Sammons Oct 2015

Kim Davis Part 1, Robert Sammons

Audio & Video History Collection

No abstract provided.


Melinda Andrews, Robert Sammons Oct 2015

Melinda Andrews, Robert Sammons

Audio & Video History Collection

No abstract provided.


Mary Hargis, Robert Sammons Oct 2015

Mary Hargis, Robert Sammons

Audio & Video History Collection

No abstract provided.


Michael Biel, Robert Sammons Oct 2015

Michael Biel, Robert Sammons

Audio & Video History Collection

No abstract provided.


Bernadette Barton, Robert Sammons Oct 2015

Bernadette Barton, Robert Sammons

Audio & Video History Collection

No abstract provided.


Carmen Wampler-Collins, Robert Sammons Oct 2015

Carmen Wampler-Collins, Robert Sammons

Audio & Video History Collection

No abstract provided.


Carla Rucker, Robert Sammons Oct 2015

Carla Rucker, Robert Sammons

Audio & Video History Collection

No abstract provided.


David Bryant, Robert Sammons Oct 2015

David Bryant, Robert Sammons

Audio & Video History Collection

No abstract provided.


Julie Sloan, Robert Sammons Oct 2015

Julie Sloan, Robert Sammons

Audio & Video History Collection

No abstract provided.


Kim Davis Part 2, Robert Sammons Oct 2015

Kim Davis Part 2, Robert Sammons

Audio & Video History Collection

No abstract provided.


Suzanne Tallichet, Robert Sammons Oct 2015

Suzanne Tallichet, Robert Sammons

Audio & Video History Collection

No abstract provided.


Robyn Cline, Robert Sammons Oct 2015

Robyn Cline, Robert Sammons

Audio & Video History Collection

No abstract provided.


Toni Hobbs, Robert Sammons Oct 2015

Toni Hobbs, Robert Sammons

Audio & Video History Collection

No abstract provided.


La Búsqueda De Una Agenda En Común: Una Mirada Feminista A Las Organizaciones Lgbti En Nicaragua, Rachel Crane Oct 2015

La Búsqueda De Una Agenda En Común: Una Mirada Feminista A Las Organizaciones Lgbti En Nicaragua, Rachel Crane

Independent Study Project (ISP) Collection

In the global context, we are amidst a rapidly changing rights landscape for people who identify as lesbian, gay, bisexual and transgender (LGBT) as more and more governments begin to recognize same-gender partnerships. This gain in LGBT rights worldwide is in no small part to the political organizing and lobbying done by LGBT-rights organizations. Nicaragua’s history with gaining LGBT rights is relatively new, as the government did not repeal the anti-sodomy law here until 2008, thus stagnating the fight for acceptance in the country. As it stands, Nicaragua has a few legal protections for LGBT people, but they continue to …


Equality And Singapore’S First Constitutional Challenges To The Criminalization Of Male Homosexual Conduct, Jack Tsen-Ta Lee Sep 2015

Equality And Singapore’S First Constitutional Challenges To The Criminalization Of Male Homosexual Conduct, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

In 2013, in Lim Meng Suang and Kenneth Chee Mun-Leon v Attorney-General and Tan Eng Hong v Attorney-General, the High Court of Singapore delivered the first judgments in the jurisdiction considering the constitutionality of section 377A of the Penal Code, which criminalizes acts of 'gross indecency' between two men, whether they occur in public or private. The Court ruled that the provision was not inconsistent with the guarantees of equality before the law and equal protection of the law stated in Article 12(1) of the Constitution of the Republic of Singapore. The result was upheld in 2014 by the Court …


A Queer Liberation Movement? A Qualitative Content Analysis Of Queer Liberation Organizations, Investigating Whether They Are Building A Separate Social Movement, Joseph Nicholas Defilippis Aug 2015

A Queer Liberation Movement? A Qualitative Content Analysis Of Queer Liberation Organizations, Investigating Whether They Are Building A Separate Social Movement, Joseph Nicholas Defilippis

Dissertations and Theses

In the last forty years, U.S. national and statewide LGBT organizations, in pursuit of "equality" through a limited and focused agenda, have made remarkably swift progress moving that agenda forward. However, their agenda has been frequently criticized as prioritizing the interests of White, middle-class gay men and lesbians and ignoring the needs of other LGBT people. In their shadows have emerged numerous grassroots organizations led by queer people of color, transgender people, and low-income LGBT people. These "queer liberation" groups have often been viewed as the left wing of the GRM, but have not been extensively studied. My research investigated …


"'The Law’S The Law, Right?' Sexual Minority Mothers Navigating Legal Inequities And Inconsistencies.”, Emily Kazyak Feb 2015

"'The Law’S The Law, Right?' Sexual Minority Mothers Navigating Legal Inequities And Inconsistencies.”, Emily Kazyak

Department of Sociology: Faculty Publications

LGB parents face a number of legal inequities and confront a legal landscape that not only varies drastically by state but also quickly changes. Research has shown that some LGB parents and prospective parents have inaccurate knowledge about the laws relating to parenting. Drawing on data from 21 interviews, I ask how sexual minority mothers gain knowledge about the law. I found that people were very aware of the legal inequities they face and sought to become knowledgeable about the law before they had children. Sexual minority mothers reported using four primary methods to learn about the law: doing independent …


Sex And The Shari’A: Defining Gender Norms And Sexual Deviancy In Shi’I Islam, Haider Ala Hamoudi Jan 2015

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 …


How Law Shapes Experiences Of Parenthood For Same-Sex Couples, Nicholas K. Park, Emily Kazyak, Kathleen S. Slauson-Blevins Jan 2015

How Law Shapes Experiences Of Parenthood For Same-Sex Couples, Nicholas K. Park, Emily Kazyak, Kathleen S. Slauson-Blevins

Department of Sociology: Faculty Publications

Gay, lesbian, and bisexual (GLB) parents are increasingly common and visible, but they face a number of social and legal barriers in the United States. Using legal consciousness as a theoretical framework, we draw on data from 51 interviews with GLB parents in California and Nebraska to explore how laws impact experiences of parenthood. Specifically, we address how the legal context influences three domains: the methods used to become parents, decisions about where to live, and experiences of family recognition. Law and perception of the law make some pathways to parenthood difficult or unattainable depending on state of residence. Parents …


School-Based Supports For Trans Youth In Ontario, Charlie E. C. Davis Jan 2015

School-Based Supports For Trans Youth In Ontario, Charlie E. C. Davis

Theses and Dissertations (Comprehensive)

Trans youth are some of the most marginalized youths in schools. In 2012, the Ontario Government passed two legislations, one of which was the Accepting Schools Act, strengthening supports for lesbian, gay, bisexual, transgender, or questioning (LGBTQ) students in schools. The other was Toby’s Act, an amendment to the Ontario Human Rights Code including protection from discrimination on the grounds of gender identity and gender expression. The purpose of this thesis is to examine how these two acts have created a political context supporting trans youth in schools. A comprehensive mixed-methods approach was used to examine provincial trends of trans-specific …