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Title Vii And The Unenvisaged Case: Is Anti-Lgbtq Discrimination Unlawful Sex Discrimination, Ronald Turner
Title Vii And The Unenvisaged Case: Is Anti-Lgbtq Discrimination Unlawful Sex Discrimination, Ronald Turner
Indiana Law Journal
As discussed herein, courts and individual judges recognizing or not finding actionable Title VII anti-LGBTQ14 claims have offered different rationales in support of their conflicting positions, including three justifications discussed in this project: (1) the meaning of Title VII’s “because of sex” prohibition, (2) the Supreme Court’s and circuit courts’ construction of the “because of sex” provision in the context of sex stereotyping and gender nonconformity discrimination as applied to the anti- LGBTQ question, and (3) associational discrimination theory. Claim-recognizing jurists have looked to Title VII’s text, Supreme Court and circuit court precedent, and the views of the Equal Employment …
Courage, Postimmunity Politics, And The Regulation Of The Queer Subject, Chantal Nadeau
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 contributed …
Thrown Away For Being Gay: The Abandonment Of Lgbt Youth And Their Lack Of Legal Recourse, Caitlin "Casey" Judge
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 …
Contesting Gender In Popular Culture And Family Law: Middlesex And Other Transgender Tales, Susan Frelich Appleton
Contesting Gender In Popular Culture And Family Law: Middlesex And Other Transgender Tales, Susan Frelich Appleton
Indiana Law Journal
No abstract provided.