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Articles 1 - 12 of 12
Full-Text Articles in Law
The Strangely Overlooked Cases Involving Non-Marital Children And Their Constitutional Relevance To Lesbian/Gay Civil Rights Claims, William B. Turner
The Strangely Overlooked Cases Involving Non-Marital Children And Their Constitutional Relevance To Lesbian/Gay Civil Rights Claims, William B. Turner
William B Turner
This essay explores the numerous cases in which the United States Supreme Court has examined laws and policies, mostly state, but some federal, that discriminate against non-marital children for their unrecognized relevance to lesbian/gay civil rights claims. It notes that the excuse for such statutes and policies – the expression of the society’s moral disapproval of particular forms of sexual activity – is identical to the justification that advocates of discrimination against lesbians and gay men offer for their desire to discriminate. It further notes that the reasons Supreme Court justices have offered for striking down discriminations against non-marital children …
Case Note: Nabozny V. Podlesny, William B. Turner
Case Note: Nabozny V. Podlesny, William B. Turner
William B Turner
This case note describes and provides context for the 1996 opinion in Nabozny v. Podlesny, in which the Seventh Circuit Court of Appeals reversed a district judge's grant of summary judgment to defendants in a suit by a former student who complained of years of severe bullying and harassment by his peers because of his sexual orientation, which school administrators persistently failed to take steps to stop.
The National Masturbators Task Force, William B. Turner
The National Masturbators Task Force, William B. Turner
William B Turner
This article explores why all legislative classifications on the basis of sexual orientation deserve close judicial scrutiny as invidious. Although we typically think of political powerlessness as the logical claim to make in seeking protection from the judiciary under the equal protection clause, this article explains why the active political participation of lesbians and gay men justifies judicial scrutiny of sexual orientation classifications. Full political participation is one of the Republic's highest goals, and lesbians and gay men demonstrate their capacity for full citizenship with their robust, effective political participation.
Chasing Queers: The Radicalism Of Conservative Legal Attacks On Lesbians And Gay Men, William B. Turner
Chasing Queers: The Radicalism Of Conservative Legal Attacks On Lesbians And Gay Men, William B. Turner
William B Turner
This article explores efforts by conservative activists to use preposterous legal arguments as the basis for their on-going efforts to attack the legal rights of lesbians and gay men. Individually, these cases are easy to overlook, partly because most of them are state cases. Also, one does not usually think of the legal issues involved -- standing, intervention, full faith and credit -- as civil rights issues. This article draws attention to these cases in order to illuminate the similarities among them in terms of conservative attacks on lesbians and gay men.
Beware The "One-Flesh Union": Conservatives Coalesce In Opposition To Same-Sex Marriage, William B. Turner
Beware The "One-Flesh Union": Conservatives Coalesce In Opposition To Same-Sex Marriage, William B. Turner
William B Turner
This article explores the notion of "one-flesh union" as the definitional basis for marriage according to Christian conservatives, and as an indication of the ways in which various types of Christian conservatives are overcoming their historical animosity to unite in opposition to same-sex marriage. The phrase, "one-flesh union," comes directly from the Biblical book of Genesis.
Chasing Queers: The Radicalism Of Conservative Legal Attacks On Lesbians And Gay Men, William B. Turner
Chasing Queers: The Radicalism Of Conservative Legal Attacks On Lesbians And Gay Men, William B. Turner
William B Turner
This paper describes seven cases, mostly from state courts, that are unremarkable except that they reveal a pattern of attack by conservative activists, including law firms, on the rights of lesbians and gay men. In attacking the rights of lesbians and gay men, these conservatives also frequently assert special rights for themselves. Five of these cases involve standing or intervention, with conservatives asserting patently insupportable (except in one case) claims to standing for the purpose of depriving lesbians and gay men of benefits. Two involve full faith and credit. With one exception, these are all state cases that would otherwise …
The National Masturbators Task Force, William B. Turner
The National Masturbators Task Force, William B. Turner
William B Turner
This paper describes political participation by lesbian, gay, bisexual, and transgender (LGBT) persons as an indication of why all legislative classifications involving sexual orientation and/or gender identity should receive careful attention from the courts. We usually think of the courts as using equal protection analysis to protect powerless minorities, but the Court in Cleburne v. Cleburne Living Center noted how most legislators showed great solicitude for the mentally retarded even as it struck down the municipal ordinance that imposed extra burdens on them. Indeed, the courts should reward active participation in the political process by minority groups by ensuring that …
"A Bulwark Against Anarchy": Affirmative Action, Emory Law School, And Southern Self-Help, William B. Turner
"A Bulwark Against Anarchy": Affirmative Action, Emory Law School, And Southern Self-Help, William B. Turner
William B Turner
This article presents archival evidence about Pre-Start, Emory Law School’s affirmative action program from 1966 to 1972. It places that evidence into the context of current legal and scholarly debates about affirmative action in law school admissions and demonstrates that Pre-Start is an extremely important case study for anyone who wishes to think carefully about this important topic. I perform post-hoc strict scrutiny on Pre-Start, showing that it meets, not only the standard of the majority in Grutter v. Bollinger (539 U.S. 306 (2003)), but even the much more exacting standard of dissenting Justice Clarence Thomas. Because white supremacists are …
"A Bulwark Against Anarchy": Affirmative Action, Emory Law School, And Southern Self-Help, William B. Turner
"A Bulwark Against Anarchy": Affirmative Action, Emory Law School, And Southern Self-Help, William B. Turner
William B Turner
This article presents archival evidence about Pre-Start, Emory Law School’s affirmative action program from 1966 to 1972. It places that evidence into the context of current legal and scholarly debates about affirmative action in law school admissions and demonstrates that Pre-Start is an extremely important case study for anyone who wishes to think carefully about this important topic. I perform post-hoc strict scrutiny on Pre-Start, showing that it meets, not only the standard of the majority in Grutter v. Bollinger (539 U.S. 306 (2003)), but even the much more exacting standard of dissenting Justice Clarence Thomas. Because white supremacists are …
The Perils Of Marriage As Transcendent Ontology: National Pride At Work V. Governor Of Michigan, William B. Turner
The Perils Of Marriage As Transcendent Ontology: National Pride At Work V. Governor Of Michigan, William B. Turner
William B Turner
National Pride at Work v. Governor of Michigan provides a unique opportunity to watch as courts struggle to define “marriage.” This is not a suit seeking recognition of same-sex marriages. It presents the question of whether an amendment to the Michigan state constitution prohibiting recognition of same-sex marriages or any “union” that is “similar” to marriage also prohibits public employers in the state from conferring benefits on the same-sex partners of their employees. The trial and appeals courts came to exactly opposite conclusions, and their respective positions nicely demarcate the options in what promises to be an ongoing debate in …
The Perils Of Marriage As Transcendent Ontology: National Pride At Work V. Governor Of Michigan, William B. Turner
The Perils Of Marriage As Transcendent Ontology: National Pride At Work V. Governor Of Michigan, William B. Turner
William B Turner
National Pride at Work v. Governor of Michigan provides a unique opportunity to watch as courts struggle to define “marriage.” This is not a suit seeking recognition of same-sex marriages. It presents the question of whether an amendment to the Michigan state constitution prohibiting recognition of same-sex marriages or any “union” that is “similar” to marriage also prohibits public employers in the state from conferring benefits on the same-sex partners of their employees. The trial and appeals courts came to exactly opposite conclusions, and their respective positions nicely demarcate the options in what promises to be an ongoing debate in …
Of Marriage And Monarchy: Why John Locke Would Support Same-Sex Marriage, William B. Turner
Of Marriage And Monarchy: Why John Locke Would Support Same-Sex Marriage, William B. Turner
William B Turner
Arguments about discrimination based on sexual orientation generally rest on interpretations of the equal protection clause of the Fourteenth Amendment or about rights to autonomy rooted in modern substantive due process doctrine. Such theories typically presuppose a government that remains neutral among competing moral claims. This Article, by contrast, develops an account of rights against sexual orientation discrimination—including recognition of same-sex marriage—that does not depend on a thin moral conception of the liberal state. Instead, I situate lesbian/gay rights within a Lockean political theory of consent. John Locke’s theory of government, which was highly influential for the Founders of the …