Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Accommodating The Public Sphere: Beyond The Market Model, Nan D. Hunter
Accommodating The Public Sphere: Beyond The Market Model, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
This Essay has two major components. First, in Parts I and II, I describe and critique the Court's opinion in Dale, beginning with an examination of the social origins of scouting, then proceeding to an analysis of Dale. Second, in Parts III and IV, I place the questions raised in Dale in another context in which they belong but are seldom analyzed, that of the jurisprudence of public accommodations laws . . . In conclusion, I join the two major themes by framing Dale's claim as the latest in a series of cases that have invoked an evolving understanding of …
Proportional Equality: Readings Of Romer, Nan D. Hunter
Proportional Equality: Readings Of Romer, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
One of the great enigmas of equal protection law is Romer v. Evans. In finding sufficient power in the rational basis test to invalidate a state constitutional amendment enacted by popular vote, the Supreme Court left legal scholars in its doctrinal dust, puzzled over the answers to multiple questions. Was this a new rational basis test? If so, how could one know when to apply it? Had the standard of review for state acts adversely affecting lesbian, gay and bisexual Americans changed? If so, to what? Had Bowers v. Hardwick been overruled? If so, why?
The Sex Discrimination Argument In Gay Rights Cases, Nan D. Hunter
The Sex Discrimination Argument In Gay Rights Cases, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
The argument that laws that discriminate on the basis of sexual orientation in fact discriminate on the basis of sex is not new. Advocates have been pressing this claim for almost thirty years. Simply put, the argument is that a statute that bars a sexual relationship between two women or two men discriminates on the basis of sex because either partner could have had the same relationship with a person of the opposite sex.