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Full-Text Articles in Law
Preventing The Spread Of Aids By Restricting Sexual Conduct In Gay Bathhouses: A Constitutional Analysis, Stephen L. Collier
Preventing The Spread Of Aids By Restricting Sexual Conduct In Gay Bathhouses: A Constitutional Analysis, Stephen L. Collier
Golden Gate University Law Review
This analysis of the state's authority to limit sexual behavior in gay bathhouses will begin by examining the precedents involving the use of quarantine and nuisance statutes to control the spread of communicable diseases. A discussion of common law limitations on the use of those statutes will follow. The constitutional analysis begins with the right to privacy embodied in the United States and California Constitutions, and its relationship to gay sexual intimacy generally. The application of rational basis and strict scrutiny standards will be analyzed and arguments presented in favor of applying strict scrutiny. The state's compelling interest in stopping …
Adult Adoption: A "New" Legal Tool For Lesbians And Gay Men, Peter N. Fowler
Adult Adoption: A "New" Legal Tool For Lesbians And Gay Men, Peter N. Fowler
Golden Gate University Law Review
This Comment explores the current statutory framework for adult adoption, the parameters of the legal relationship created, and the scope of the right to privacy issues involved in the exercise of this statutory right. In addition, possible motives individuals may have for utilizing adult adoption, the need for attorneys to identify potential problem areas for their clients, and the potential disadvantages of such a legal relationship, particularly with respect to the dynamics of the individuals' relationship, are discussed.
Homophobia, "Manifest Homosexuals" And Political Activity: A New Approach To Gay Rights And The "Issue" Of Homosexuality, Douglas Warner
Homophobia, "Manifest Homosexuals" And Political Activity: A New Approach To Gay Rights And The "Issue" Of Homosexuality, Douglas Warner
Golden Gate University Law Review
This Comment will survey the popular and largely unsupportable beliefs about homosexuality, which result in the societal oppression of gay people. The law's reflection of this cultural homophobia has been instrumental in that oppression. In light of the homophobia in society and its consequences in the law, the GLSA court's approach was necessary, its results consistent with contemporary knowledge and with fundamental principles of a just society. The purpose of this Comment is to demonstrate why that is so and to speculate on the decision's implications for the gay rights movement, for gay people, and not least of all, for …
Comparative Study Of Cruel & Unusual Punishment For Engaging In Consensual Homosexual Acts (In International Conventions, The United States And Iran), Sanaz Alasti
Annual Survey of International & Comparative Law
This article undertakes a comparative study of cruel and unusual punishment for consensual homosexual acts, in the United States and Iran, based on the prohibition of these punishments in international conventions. The primary object of this paper is to establish that the criminalization of consensual homosexual acts is arbitrary and as capricious as punishing other minorities. Furthermore, criminalization contradicts the object and purpose of the Universal Declaration of Human Rights and virtually every other law concerning sexual minorities. This article is further motivated by the novelty and necessity of the topic. Surprisingly little research has been done focusing on this …