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Sexuality and the Law

2020

BYU Law Review

Articles 1 - 4 of 4

Full-Text Articles in Law

In Defense Of Immutability, Nicholas Serafin Nov 2020

In Defense Of Immutability, Nicholas Serafin

BYU Law Review

Over the last forty years, the concept of immutability has been central to Equal Protection doctrine. According to current doctrine, a trait is immutable if it is beyond the power of an individual to change or if it is fundamental to personal identity. A trait that meets either of these criteria receives heightened legal protection under constitutional antidiscrimination law. Yet most legal scholars who have addressed the topic have called for the abandonment of the immutability criterion on the grounds that the immutability criterion is conceptually confused, morally indefensible, and bound to stigmatize subordinate groups.

A rejection of the immutability …


Anti-Gay Discrimination,“Conscience Exemptions,” And The Racism Analogy: A Reply To Professor Koppelman, Shannon Gilreath Sep 2020

Anti-Gay Discrimination,“Conscience Exemptions,” And The Racism Analogy: A Reply To Professor Koppelman, Shannon Gilreath

BYU Law Review

No abstract provided.


In The Court Of Koppelman: Motion For Reconsideration, James M. Oleske Jr. Sep 2020

In The Court Of Koppelman: Motion For Reconsideration, James M. Oleske Jr.

BYU Law Review

No abstract provided.


Gay Rights, Religious Liberty, And The Misleading Racism Analogy, Andrew Koppelman Sep 2020

Gay Rights, Religious Liberty, And The Misleading Racism Analogy, Andrew Koppelman

BYU Law Review

No abstract provided.