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Full-Text Articles in Law
Pluralism And Its Perils: Navigating The Tension Between Gay Rights And Religious Expression, Nan D. Hunter
Pluralism And Its Perils: Navigating The Tension Between Gay Rights And Religious Expression, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
The conflict between gay equality claims and religious liberty claims permeates debates over marriage equality and LGBT civil rights. Using as its centerpiece a decision that forced Georgetown University to provide benefits for a gay student organization, this article examines both the doctrinal underpinnings of how courts resolve the tension between gay rights and religion and the principles of pluralism that are at stake.
The Georgetown case is rightly understood as an exemplar of judicial minimalism. This article argues that the values of learning things undecided, while real, may be outweighed by lost opportunities for advancing principles that also foster …
Animus Thick And Thin: The Broader Impact Of The Ninth Circuit Decision In Perry V. Brown, Nan D. Hunter
Animus Thick And Thin: The Broader Impact Of The Ninth Circuit Decision In Perry V. Brown, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
This essay is a response to an article by: Eskridge Jr., William N., The Ninth Circuit's Perry Decision and the Constitutional Politics of Marriage Equality, in 64 Stan. L. Rev. Online 93 (2012).
This essay examines the impact of Perry v. Brown, 671 F.3d 1052 (9th Cir. 2012), the first appellate federal court decision on the constitutional validity of marriage exclusion laws. The author argues that the major contribution of the Perry decision is to illuminate the meaning of animus, a term that is sharply contested in Equal Protection jurisprudence, and to explicate its relationship to standards of …
Love, Change, Mari J. Matsuda
Love, Change, Mari J. Matsuda
Georgetown Law Faculty Publications and Other Works
This is morality: to include all as human and entitled to the deepest love and care. This is the distillation of everything the author fights for as a feminist, a critical race theorist, and a peace activist. Since we are at war, having sent to date 1,500 U.S. soldiers off to die, speaking against war and for peace is a current imperative. Then comes this invitation to speak as a critical race theorist on the subject of same-sex marriage.
Without marriage you can do everything that counts in marriage except that which requires the imprint of the state. What you …
The Complex Uses Of Sexual Orientation In Criminal Court, Abbe Smith
The Complex Uses Of Sexual Orientation In Criminal Court, Abbe Smith
Georgetown Law Faculty Publications and Other Works
Times may or may not be changing for gay people in the criminal justice system--and for the import of sexual orientation in criminal law. It depends on the nature of the case and, more importantly, exactly whose sexual orientation we are talking about.
Signs of positive change include the recent high profile Matthew Shepard and Diane Whipple cases, in which gay and lesbian homicide victims were mourned not only by the gay community, but also by the entire country. It was no doubt helpful that both Shepard and Whipple presented very appealing images of gay people: each was young, attractive, …