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Articles 31 - 47 of 47
Full-Text Articles in Law
Conversion Therapy And Free Speech: A Doctrinal And Theoretical First Amendment Analysis, Clay Calvert, Kara Carnley, Brittany Link, Linda Riedmann
Conversion Therapy And Free Speech: A Doctrinal And Theoretical First Amendment Analysis, Clay Calvert, Kara Carnley, Brittany Link, Linda Riedmann
William & Mary Journal of Race, Gender, and Social Justice
This Article analyzes, from both a doctrinal and theoretical perspective, the First Amendment speech interests at stake before the U.S. Court of Appeals for the Ninth Circuit in Welch v. Brown and Pickup v. Brown. Those cases pivot on a controversial California law banning mental health providers from performing sexual orientation change efforts (also known as conversion therapy) on minors. Two district court judges reached radically different conclusions about the First Amendment questions. The Article explores how a trio of recent Supreme Court decisions involving seemingly disparate factual scenarios—Brown v. Entertainment Merchants Association, United States v. Alvarez and Gonzales v. …
The Right To (Trans) Parent: A Reproductive Justice Approach To Reproductive Rights, Fertility, And Family-Building Issues Facing Transgender People, Laura Nixon
William & Mary Journal of Race, Gender, and Social Justice
In focusing on fertility preservation and the whiff of eugenics in state statutes, this Article aims to make several contributions to issues at the intersection of the LGBT and reproductive health, rights, and justice movements. This Article will show how the reproductive health issues of transgender people remain shadowed in the mainstream LGBT movement and reproductive health and rights movement. This Article will use reproductive justice principles to provide new entry points for LGBT advocates and reproductive health and rights advocates to build alliances around gender, sexuality, and reproduction by highlighting opportunities for reproductive justice advocates to engage on reproductive …
Social Science Studies And The Children Of Lesbians And Gay Men: The Rational Basis Perspective, Carlos A. Ball
Social Science Studies And The Children Of Lesbians And Gay Men: The Rational Basis Perspective, Carlos A. Ball
William & Mary Bill of Rights Journal
This Article seeks to determine whether the social science literature on the children of lesbians and gay men precludes the government from relying on child welfare considerations to justify same-sex marriage bans and parenting restrictions affecting lesbians and gay men under the highly deferential rational basis test. Under that test, courts must uphold laws and regulations that have any conceivable basis of fact which is rationally related to a legitimate state interest. After comprehensively reviewing the social science literature, the Article concludes that the empirical evidence showing the lack of an association between parental sexual orientation and the psychological and …
"Better Dead Than Co-Ed"? Transgender Students At An All-Women's College, Laura Minsun Brymer
"Better Dead Than Co-Ed"? Transgender Students At An All-Women's College, Laura Minsun Brymer
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Open Service And Our Allies: A Report On The Inclusion Of Openly Gay And Lesbian Servicemembers In U.S. Allies' Armed Forces, Suzanne B. Goldberg
Open Service And Our Allies: A Report On The Inclusion Of Openly Gay And Lesbian Servicemembers In U.S. Allies' Armed Forces, Suzanne B. Goldberg
William & Mary Journal of Race, Gender, and Social Justice
In the wake of the Obama Administration’s pledge to repeal
“Don’t Ask, Don’t Tell” in the United States, the Columbia Law
School Sexuality & Gender Law Clinic undertook a review of how
allies of the United States moved from a policy of banning gay and
lesbian servicemembers from serving in the armed forces to a policy
of allowing these servicemembers to serve openly (“open service”).
In documenting this review, this report aims to provide information
about the decision to implement open service and the mechanics of
the transition to open service in Australia, Canada, Israel, and the
United Kingdom. In …
From Stonewall To The Suburbs? Toward A Political Economy Of Sexuality, Angela P. Harris
From Stonewall To The Suburbs? Toward A Political Economy Of Sexuality, Angela P. Harris
William & Mary Bill of Rights Journal
No abstract provided.
Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal
Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal
William & Mary Bill of Rights Journal
No abstract provided.
The Backlash Thesis And Same-Sex Massiage: Learning From Brown V. Board Of Education And Its Aftermath, Carlos A. Ball
The Backlash Thesis And Same-Sex Massiage: Learning From Brown V. Board Of Education And Its Aftermath, Carlos A. Ball
William & Mary Bill of Rights Journal
No abstract provided.
Patriotic Homosocial Discourse, Kim H. Pearson
Patriotic Homosocial Discourse, Kim H. Pearson
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Book Review: Ian Ayres & Jennifer Gerarda Brown, Straightforward: How To Mobilize Heterosexual Support For Gay Rights, Evan Wolfson
Book Review: Ian Ayres & Jennifer Gerarda Brown, Straightforward: How To Mobilize Heterosexual Support For Gay Rights, Evan Wolfson
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Why Segregated Schools For Gay Students May Pass A "Separate But Equal" Analysis But Fail Other Issues And Concerns, Louis P. Nappen
Why Segregated Schools For Gay Students May Pass A "Separate But Equal" Analysis But Fail Other Issues And Concerns, Louis P. Nappen
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
You Make Me Feel Like A Natural Woman: Allowing Parents To Consent To Early Gender Assignment Surgeries For Their Intersexed Infants, Sara A. Aliabadi
You Make Me Feel Like A Natural Woman: Allowing Parents To Consent To Early Gender Assignment Surgeries For Their Intersexed Infants, Sara A. Aliabadi
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The International Bill Of Gender Rights Vs. The Cider House Rules: Transgenders Struggle With The Courts Over What Clothing They Are Allowed To Wear On The Job, Which Restroom They Are Allowed To Use On The Job, Their Right To Marry, And The Very Definition Of Their Sex, Phyllis Randolph Frye
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Pansexuality And The Law, Jennifer Ann Drobac
Pansexuality And The Law, Jennifer Ann Drobac
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The "Defense Of Marriage Act" And Authoritarian Morality, Alec Walen
The "Defense Of Marriage Act" And Authoritarian Morality, Alec Walen
William & Mary Bill of Rights Journal
The "Defense of Marriage Act" has defined marriage at the federal level for the purpose of denying recognition to same-sex marriages. It thereby perpetuates the unequal treatment of homosexuals, and does so by denying them a fundamental right-the right to marry. In this Essay, Dr. Walen examines the wide range of justifications offered in Congress for this law. Six categories of argument are assessed: (1) politics and economics, (2) history and tradition, (3) religion, (4) the essential nature of marriage and the family, (5) social.decay, and (6) morality. Walen concludes that none of the justifications prove to be adequate to …
Bottoms Iii: Visitation Restrictions And Sexual Orientation, Joseph R. Price
Bottoms Iii: Visitation Restrictions And Sexual Orientation, Joseph R. Price
William & Mary Bill of Rights Journal
In 1994, national media attention focused on the Virginia case Bottoms v. Bottoms, in which Kay Bottoms successfully fought to terminate her lesbian daughter Sharon's custody of Sharon's son, Tyler. Although the Court of Appeals of Virginia reversed the trial court's award of custody to Kay Bottoms, the Supreme Court of Virginia reversed the appellate court and returned custody to Tyler's grandmother. Sharon then sought modification of the visitation and custody order, but the trial court denied her petition and instead reduced and further restricted her visitation rights. In Bottoms III, the Court of Appeals of Virginia reversed the trial …
The Many Faces Of Sexual Consent, William N. Eskridge Jr.
The Many Faces Of Sexual Consent, William N. Eskridge Jr.
William & Mary Law Review
No abstract provided.