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Immutability And Innateness Arguments About Lesbian, Gay, And Bisexual Rights, Edward Stein
Immutability And Innateness Arguments About Lesbian, Gay, And Bisexual Rights, Edward Stein
Chicago-Kent Law Review
A popular and intuitively plausible type of argument for the rights of lesbians, gay men, and bisexuals is based on claims that sexual orientations are inborn and/or unchangeable. Many advocates of such rights view expressing doubts about the immutability and innateness of sexual orientation as tantamount to opposing gay rights. Legally, claims that sexual orientations are innate and/or immutable intersect with the so-called immutability factor in equal protection jurisprudence. This article considers the legal, ethical, and empirical support for arguments for LGB rights based on immutability and innateness. I raise a variety of problems for such arguments in various contexts, …
Artificial Insemination And The Presumption Of Parenthood: Traditional Foundations And Modern Applications For Lesbian Mothers, William M. Lopez
Artificial Insemination And The Presumption Of Parenthood: Traditional Foundations And Modern Applications For Lesbian Mothers, William M. Lopez
Chicago-Kent Law Review
This note traces the history of the presumption of parenthood and applies the traditional rationales underlying the presumption to support its application to married lesbian couples. Part I discusses the formation of the presumption in England and recognizes that the presumption was created for three important reasons: to protect the child; to protect the public purse; and to protect the biological family. Part II discusses state laws on artificial insemination and dissects the basic requirements for both same-sex and opposite-sex parents. This Part then applies the presumption's traditional rationales to lesbian couples having children, arguing that the same presumption should …