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Articles 1 - 5 of 5
Full-Text Articles in Law
Reproduction Reconceived, Courtney Megan Cahill
Reproduction Reconceived, Courtney Megan Cahill
Scholarly Publications
No abstract provided.
On Marriage Equality And Transformation Through Preservation, Courtney Cahill
On Marriage Equality And Transformation Through Preservation, Courtney Cahill
Scholarly Publications
No abstract provided.
A Test To Identify And Remedy Anti-Gay Bias In Child Custody Decisions After Obergefell, Nat Stern, Karen Oehme, Mark Joseph Stern
A Test To Identify And Remedy Anti-Gay Bias In Child Custody Decisions After Obergefell, Nat Stern, Karen Oehme, Mark Joseph Stern
Scholarly Publications
No abstract provided.
Choice At Work: Young V. United Parcel Service, Pregnancy Discrimination, And Reproductive Liberty, Mary Ziegler
Choice At Work: Young V. United Parcel Service, Pregnancy Discrimination, And Reproductive Liberty, Mary Ziegler
Scholarly Publications
In deciding Young v. United Parcel Service, the Supreme Court has intervened in ongoing struggles about when and whether the Pregnancy Discrimination Act of 1978 (PDA) requires the accommodation of pregnant workers. Drawing on original archival research, this Article historicizes Young, arguing that the PDA embodied a limited principle of what the Article calls meaningful reproductive choice. Feminist litigators first forged such an idea in the early 1970s, arguing that heightened judicial scrutiny should apply whenever state actors placed special burdens on women who chose childbirth or abortion.
A line of Supreme Court decisions completely rejected this understanding …
Perceiving Orientation: Defining Sexuality After Obergefell, Mary Ziegler
Perceiving Orientation: Defining Sexuality After Obergefell, Mary Ziegler
Scholarly Publications
In the aftermath of the Supreme Court’s recent decision in Obergefell v. Hodges, constitutional jurisprudence will have to more clearly define sexual orientation itself. The Obergefell majority describes sexuality as binary and suggests that any sexual orientation is immutable, normal, and constitutive of individual identity. Other scholars have shown how the kind of binary created by Obergefell excludes those with more fluid sexual identities and experiences from legal protection.
This Article illuminates new problems with Obergefell’s approach to sexuality by putting that definition in historical context. While describing sexuality as a matter of orientation may now seem inevitable, …