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The Responsibility Of Victory: Confronting The Systemic Subordination Of Lgbt Youth And Considering A Positive Role For The State, Julie Nice Dec 2014

The Responsibility Of Victory: Confronting The Systemic Subordination Of Lgbt Youth And Considering A Positive Role For The State, Julie Nice

Julie A. Nice

In light of the stunning cascade of recent victories ending some aspects of sexual orientation discrimination, this article calls for both the LGBT Rights Movement and the State to take responsibility for ending the systemic subordination of LGBT youth. This article’s first section synthesizes the alarming data demonstrating the disproportionate harms suffered by LGBT youth within the very institutions designed to protect them. Professor Nice categorizes these experiences as including rejection by families, hostility from faith communities, harshness from the child welfare and juvenile justice systems, harassment in schools, and destitution and violence on the streets. She further argues that …


Conjuring "Equal Dignity": Mapping The Constitutional Dialogue To And From Same-Sex Marriage, Julie Nice Dec 2014

Conjuring "Equal Dignity": Mapping The Constitutional Dialogue To And From Same-Sex Marriage, Julie Nice

Julie A. Nice

What a long, strange trip it’s been from Bowers v. Hardwick to Obergefell v. Hodges. Less than thirty years after the Supreme Court notoriously upheld the criminalization of same-sex sexuality, the Court now has declared that laws may not exclude gays and lesbians from marriage. How did the majority in Obergefell conjure this “equal dignity” for same-sex couples that they insist the Constitution requires? This essay analyzes the Court's approach by closely examining the majority and dissenting opinions and then providing a synthesis of trends reflected, rationales rejected, issues ignored, and opportunities opened. 

First, as to trends reflected, the majority …