Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Missouri Law Review

2007

Sexual orientation

Articles 1 - 2 of 2

Full-Text Articles in Law

Rationalizing Away Political Powerlessness: Equal Protection Analysis Of Laws Classifying Gays And Lesbians, Emily K. Baxter Jun 2007

Rationalizing Away Political Powerlessness: Equal Protection Analysis Of Laws Classifying Gays And Lesbians, Emily K. Baxter

Missouri Law Review

In November of 2000, Nebraska joined a growing number of states that have banned same sex marriage by passing a constitutional amendment prohibiting the recognition of same sex marriage, civil unions, and domestic partnerships. Unlike legislation and amendments in other states which either simply define marriage as a union between a man and a woman or refuse to recognize same sex marriage, the amendment to the Nebraska constitution is a broad prohibition on the recognition of any partnership rights for same sex couples. The United States Supreme Court has yet to establish whether or not gays and lesbians should be …


Advertising Regulations On Sexually Oriented Business: How Far Is Too Far, Jennifer Stonecipher Apr 2007

Advertising Regulations On Sexually Oriented Business: How Far Is Too Far, Jennifer Stonecipher

Missouri Law Review

In recent decades, various courts have held that the First Amendment extends to commercial speech . Although the level of protection afforded to commercial speech differs from that given to non-commercial speech, these courts have held that the First Amendment protects commercial speech that is neither misleading nor concerns illegal activities. Under such a framework, in order to regulate commercial speech, the government must demonstrate that the regulation directly advances a substantial interest and is no more restrictive than necessary to serve that interest. In Passions Video, Inc. v. Nixon, a group of business owners challenged a Missouri statute that …