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The First Amendment's Petition Clause As An Alternative Basis For Challenging Voter Initiatives That Burden The Enactment Of Anti-Discrimination Protection For Gays, Lesbians, And Bisexuals, Kevin Francis O'Neill
The First Amendment's Petition Clause As An Alternative Basis For Challenging Voter Initiatives That Burden The Enactment Of Anti-Discrimination Protection For Gays, Lesbians, And Bisexuals, Kevin Francis O'Neill
Cleveland State Law Review
The purpose of my remarks today is to suggest that the First Amendment-specifically, the Petition Clause of the First Amendment provides an alternative basis for vindicating gay, lesbian, and bisexual rights in certain cases. At least in the context of voter initiatives that seek to abolish anti-discrimination protection for sexual orientation, the Petition Clause is a promising alternative to equal protection and substantive due process. My objective here was merely to plant a seed: to identify an alternative basis for vindicating the rights of gays, lesbians, and bisexuals-especially when combatting homophobic voter initiatives like those in Romer and Cincinnati. It's …
The Beltway And Beyond: The Struggle For Gay, Lesbian, Bisexual And Transgender Equality, Rebecca Isaacs
The Beltway And Beyond: The Struggle For Gay, Lesbian, Bisexual And Transgender Equality, Rebecca Isaacs
Cleveland State Law Review
I will focus primarily on the struggle in the legislative arena in Washington, DC and more importantly, in states and local communities. And I will focus on three key issues for the GLBT community: families; civil rights and the intersection with religious liberty rights; and finally, violence and hate crimes. In summary, the GLBT community is pushing ahead of these and other issues in all 50 states.
Canadian Same Sex Relationship Recognition Struggles And The Contradictory Nature Of Legal Victories, Brenda Cossman
Canadian Same Sex Relationship Recognition Struggles And The Contradictory Nature Of Legal Victories, Brenda Cossman
Cleveland State Law Review
I want to pick up on one of the themes running through virtually all of the papers in this symposium-the contradictory nature of law. Legal victories-and defeats-are always fragile, partial and contradictory. The perspective I bring to this theme is a Canadian one, where in the context of gay and lesbian struggles, legal victories now outweigh legal defeats. I will tell a story of these legal victories, which resulted in a much celebrated case in 1999 known as M v. H., in which the Supreme Court of Canada recognized the equality rights of same sex couples, and struck down a …