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Sexuality and the Law

Cleveland State University

Journal

Gay rights

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Constitutional Classifications And The Gay Gene, Susan Becker Jan 2001

Constitutional Classifications And The Gay Gene, Susan Becker

Journal of Law and Health

What I am going to talk about is the use of genetic information to classify individuals for purposes of the law, and more specifically, the impact of the so-called "gay gene" on legal classifications. What is really important here, and the reason I need to offer you a primer on constitutional law, is so that we all start on the same page by understanding how our laws, starting with the federal constitution, classify people for the purpose of bestowing or denying rights and benefits. This leads us to an understanding of why people object to various classifications, and an appreciation …


Domestic Partnership Benefits: Why Not Offer Them To Same-Sex Partners And Unmarried Opposite Sex Partners, Debbie Zielinski Jan 1999

Domestic Partnership Benefits: Why Not Offer Them To Same-Sex Partners And Unmarried Opposite Sex Partners, Debbie Zielinski

Journal of Law and Health

Employers offering these benefits to same-sex domestic partners only, may face legal challenges such as marital status and sexual orientation discrimination or equal protection arguments from their unmarried heterosexual employees. In addition, states and municipalities have been increasing the potential of such litigation by passing laws that prohibit discrimination based on sexual orientation and marital status especially in the areas of housing and employment. This Note examines the potential of such legal challenges when employers use the narrow definition in structuring their domestic partner benefit programs. In addition, avoiding challenges by simply not offering benefits will be discussed. However, before …