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Full-Text Articles in Law
The Inclusive Command: Voluntary Integration Of Sexual Minorities Into The U.S. Military, Jennifer Gerarda Brown, Ian Ayres
The Inclusive Command: Voluntary Integration Of Sexual Minorities Into The U.S. Military, Jennifer Gerarda Brown, Ian Ayres
Michigan Law Review
Many opponents of gays in the military will accept the proposition that gay and lesbian soldiers, most of them closeted, have served their country bravely and well. General Colin Powell has referred to gay service members as "proud, brave, loyal, good Americans" who have "served well in the past and are continuing to serve well." General H. Norman Schwartzkopf agrees: "homosexuals have served in the past and have done a great job serving their country." What these opponents find harder to accept is the proposition that heterosexual people can effectively serve their country if openly gay people are in the …
Restructuring The Marital Bedroom: The Role Of The Privacy Doctrine In Advocating The Legalization Of Same-Sex Marriage, Nadine A. Gartner
Restructuring The Marital Bedroom: The Role Of The Privacy Doctrine In Advocating The Legalization Of Same-Sex Marriage, Nadine A. Gartner
Michigan Journal of Gender & Law
Part I of this paper examines the reasons underlying queer rights advocates' reluctance to insert privacy arguments into the case for legalizing same-sex marriage. Part II illustrates that, due to such disinclination, advocates transformed notions of privacy into concepts of liberty. Part III argues that, after the Lawrence decision, proponents of same-sex marriage can and should use privacy-based arguments to fortify their claims.
Sex Determination For Federal Purposes: Is Transsexual Immigration Via Marriage Permissible Under The Defense Of Marriage Act?, John A. Fisher
Sex Determination For Federal Purposes: Is Transsexual Immigration Via Marriage Permissible Under The Defense Of Marriage Act?, John A. Fisher
Michigan Journal of Gender & Law
Part I describes the federal immigration benefits available to spouses of most U.S. citizens and presents the historical and contemporary obstacles that prohibit these benefits from being extended to gays and lesbians. It then addresses DOMA's failure to define "opposite sex," and hence DOMA's failure to indicate whether post-operative transsexuals, or their partners, should be given "spousal status" under current U.S. immigration law. Part II examines traditional and modern notions of sex. It traces state legal approaches to transsexual marriage and ultimately disentangles the formalistic rhetoric that obfuscates the reasoning in those cases. In particular, Part II focuses on a …