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2003

Sexuality and the Law

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Articles 1 - 30 of 61

Full-Text Articles in Law

Gender, Sexual Preference And Capital Punishment, Randall Coyne Nov 2003

Gender, Sexual Preference And Capital Punishment, Randall Coyne

Randall Coyne

No abstract provided.


A Room Of One's Own: Morality And Sexual Privacy After Lawrence V. Texas, Marybeth Herald Oct 2003

A Room Of One's Own: Morality And Sexual Privacy After Lawrence V. Texas, Marybeth Herald

ExpressO

No abstract provided.


Lawrence V. Texas: An Historic Human Rights Victory, Donald E. Wilkes Jr. Oct 2003

Lawrence V. Texas: An Historic Human Rights Victory, Donald E. Wilkes Jr.

Popular Media

The Lawrence decision is one of the most momentous pro-individual rights decisions ever adjudicated by the Court, and joins the exalted ranks of the Court's other benchmark decisions advancing human rights, including Brown v. Board of Education (the 1964 school desegregation decision), Roe v. Wade (the 1973 abortion rights decision), and West Virginia Board of Education v. Barnette (the 1943 decision upholding the right of Jehovah's Witnesses schoolchildren to refuse to salute the flag).


The Internal Revenue Code As Sodomy Statute, Anthony C. Infanti Oct 2003

The Internal Revenue Code As Sodomy Statute, Anthony C. Infanti

ExpressO

This essay attempts to bridge the gap between gay and straight understanding of the Internal Revenue Code’s impact on gay and lesbian couples. Through a combination of personal narrative and legal analysis, I try to explain how, from a gay perspective, the Code can be viewed as discriminating against gay and lesbian couples – regardless of whether, on a net basis, they are required to pay more or less tax than similarly-situated straight couples.


"On The Chastity Of Women All Property In The World Depends" : Injury From Sexual Slander In The Nineteenth Century, Lisa R. Pruitt Oct 2003

"On The Chastity Of Women All Property In The World Depends" : Injury From Sexual Slander In The Nineteenth Century, Lisa R. Pruitt

Indiana Law Journal

In this Article, Professor Pruitt discusses conceptions of the injury associated with defamation law, focusing in particular on sexual slander cases that were brought in the early nineteenth century, before statements that impugned a woman's chastity were deemed slander per se. During this time, women had to prove so-called "special damages" in order to state a cause of action. Courts showed some flexibility in what they recognized as constituting "special damages," even stretching to recognize pecuniary harm in damaged personal relationships. Nevertheless, courts refused to recognize injuries stemming from and related to emotional distress injuries, and they were often ...


Conference Brochure Sep 2003

Conference Brochure

Don’t Ask, Don’t Tell: 10 Years Later (2003)

No abstract provided.


Lawrence And Same-Sex Marriage Bans: On Constitutional Interpretation And Sophistical Rhetoric, Mark Strasser Aug 2003

Lawrence And Same-Sex Marriage Bans: On Constitutional Interpretation And Sophistical Rhetoric, Mark Strasser

ExpressO

No abstract provided.


Who Decides And What Difference Does It Make?: Defining Marriage In "Our Democratic, Federal Republic", Kevin J. Worthen Jul 2003

Who Decides And What Difference Does It Make?: Defining Marriage In "Our Democratic, Federal Republic", Kevin J. Worthen

Brigham Young University Journal of Public Law

The debate over the legality of same-sex marriage has centered largely on the substantive merits of the issue. This article does not. Instead, it seeks to draw attention to the perhaps equally important-but often overlooked-issue of the proper form and forum for resolving the substantive issue. It asks the question, if we awoke tomorrow to the newspaper headline -- "Legality of Same-Sex Marriage Decided" -- what difference would it make if the succeeding story referred to 1) a federal statute, 2) a U. S. Supreme Court decision, 3) a federal constitutional amendment, 4) a state statute, 5) a state supreme court decision ...


Transsexuals, Intersexuals And Same-Sex Marriage, Terry S. Kogan Jul 2003

Transsexuals, Intersexuals And Same-Sex Marriage, Terry S. Kogan

Brigham Young University Journal of Public Law

No abstract provided.


The Augustinian Goods Of Marriage: The Disappearing Cornerstone Of The American Law Of Marriage, Charles J. Reid Jr. Jul 2003

The Augustinian Goods Of Marriage: The Disappearing Cornerstone Of The American Law Of Marriage, Charles J. Reid Jr.

Brigham Young University Journal of Public Law

No abstract provided.


Some Wrongs And (Human) Rights In The English Same-Sex Marriage Debate, John Murphy Jul 2003

Some Wrongs And (Human) Rights In The English Same-Sex Marriage Debate, John Murphy

Brigham Young University Journal of Public Law

No abstract provided.


The Litigation To Redefine Marriage: Equality And Social Meaning , William C. Duncan Jul 2003

The Litigation To Redefine Marriage: Equality And Social Meaning , William C. Duncan

Brigham Young University Journal of Public Law

No abstract provided.


Hints, Not Holdings: Use Of Precedent In Lawrence V. Texas, David M. Wagner Jul 2003

Hints, Not Holdings: Use Of Precedent In Lawrence V. Texas, David M. Wagner

Brigham Young University Journal of Public Law

No abstract provided.


The Curious Case Of The Missing Legal Analysis, Lynn D. Wardle Jul 2003

The Curious Case Of The Missing Legal Analysis, Lynn D. Wardle

Brigham Young University Journal of Public Law

No abstract provided.


Variety In U.S. Kinship Practices, Substantive Due Process Analysis And The Right To Marry, C. Quince Hopkins Jul 2003

Variety In U.S. Kinship Practices, Substantive Due Process Analysis And The Right To Marry, C. Quince Hopkins

Brigham Young University Journal of Public Law

No abstract provided.


The Case Against Same-Sex Marriage In Canada: Law And Policy Considerations, Jane Adolphe Jul 2003

The Case Against Same-Sex Marriage In Canada: Law And Policy Considerations, Jane Adolphe

Brigham Young University Journal of Public Law

No abstract provided.


Traditional Marriage: Still Worth Defending, George W. Dent Jr. Jul 2003

Traditional Marriage: Still Worth Defending, George W. Dent Jr.

Brigham Young University Journal of Public Law

No abstract provided.


Status, Benefits, And Recognition: Current Controversies In The Marriage Debate, Joshua K. Baker Jul 2003

Status, Benefits, And Recognition: Current Controversies In The Marriage Debate, Joshua K. Baker

Brigham Young University Journal of Public Law

No abstract provided.


Addressing The Tension Between The Clergy-Communicant Privilege And The Duty To Report Child Abuse In State Statutes, Norman Abrams Jul 2003

Addressing The Tension Between The Clergy-Communicant Privilege And The Duty To Report Child Abuse In State Statutes, Norman Abrams

Boston College Law Review

Every state provides some statutory form of an evidentiary clergy-communicant privilege to protect certain types of conversations between clergy members and individuals. Likewise, every state imposes a statutory obligation on certain individuals to report suspected child abuse. The relationship between clergy privilege statutes and child abuse reporting requirements has received much attention recently due to the numerous allegations of child sexual misconduct by clergy members. This Article surveys the variations on clergy privileges and child abuse reporting statutes in the fifty states. The Article then discusses the varying approaches the states take in addressing the relationship between the obligation to ...


The Effect Of Abortion Legalization On Sexual Behavior: Evidence From Sexually Transmitted Diseases, Jonathan Klick, Thomas Stratmann Jun 2003

The Effect Of Abortion Legalization On Sexual Behavior: Evidence From Sexually Transmitted Diseases, Jonathan Klick, Thomas Stratmann

Faculty Scholarship at Penn Law

Unwanted pregnancy represents a major cost of sexual activity. When abortion was legalized in a number of states in 1969 and 1970 (and nationally in 1973), this cost was reduced. We predict that abortion legalization generated incentives leading to an increase in sexual activity, accompanied by an increase in sexually transmitted diseases (STDs). Using Centers for Disease Control data on the incidence of gonorrhea and syphilis by state, we test the hypothesis that abortion legalization led to an increase in sexually transmitted diseases. We find that gonorrhea and syphilis incidences are significantly and positively correlated with abortion legalization. Further, we ...


Marriage Makes Cents: How Law & Economics Justifies Same-Sex Marriage, Ryan Nishimoto May 2003

Marriage Makes Cents: How Law & Economics Justifies Same-Sex Marriage, Ryan Nishimoto

Boston College Third World Law Journal

Andrew Koppelman's book presents the legal and moral case for gay equality. He contends that various arguments, such as privacy and sex discrimination, justify the equal treatment of gay men and lesbians. By analogizing the struggle for equality to the debate surrounding same-sex marriage, Koppelman suggests that although change will come, the courts are presently too far ahead of public opinion to recognize same-sex marriage. This Book Review examines how law and economics removes the debate to a pragmatic theater, compelling recognition of same-sex marriage.


Finding Fundamental Fairness: Protecting The Rights Of Homosexuals Under European Union Accession Law, Travis J. Langenkamp May 2003

Finding Fundamental Fairness: Protecting The Rights Of Homosexuals Under European Union Accession Law, Travis J. Langenkamp

San Diego International Law Journal

In tackling the issue of sexual orientation discrimination, the European Union must make significant efforts to conform or, perhaps, eradicate incongruous legislation within Applicant Countries. The difficulty of this endeavor is two-fold: first, in terms of the number and complexity of the laws of each Applicant Country; and, second, in the absence of any detailed and systematic documentation of sexual orientation discrimination within those same Applicant Countries. Compounding, if not confounding, such legitimate endeavors are the inconsistent anti-gay legislation prevalent within the present Member States. The stakes are high for Member States and Applicant Countries alike. Thus, the European Union ...


Live And Let Love: Self-Determination In Matters Of Intimacy And Identity, Kim Forde-Mazrui May 2003

Live And Let Love: Self-Determination In Matters Of Intimacy And Identity, Kim Forde-Mazrui

Michigan Law Review

Are you free to choose the race of your spouse, . . . of your child, . . . of yourself? Historically, the legal and social answer to these questions was No. Matters of racial identity and interracial intimacy were strictly circumscribed by ideologies of racial essentialism and separation, ostensibly rooted in science, morality, and religion. In contrast, according to Professor Randall Kennedy in his new book, Interracial Intimacies: Sex, Marriage, Identity, and Adoption, the answer to all three questions should be a resounding Yes. The exclusive source of racial identification and intimacy should be individual choice, free from legal and social interference. The reality today ...


Affixing Blame: Ideologies Of Hiv/Aids In Thailand, Tarik Abdel-Monem May 2003

Affixing Blame: Ideologies Of Hiv/Aids In Thailand, Tarik Abdel-Monem

San Diego International Law Journal

This Article focuses on ideologies of the HIV/AIDS epidemic in Thailand, one of many nations where the HIV/AIDS pandemic has reached alarming levels. Not unlike other nations struggling with HIV/AIDS, an epidemic of stigma and blame has developed in Thailand with increasing rates of infection among the population. Understandings of whom to blame for the epidemic, and how to realize appropriate solutions, have likewise developed as the epidemic continues to persist and spread. This Article examines these ideologies and how they are mediated through the lens of popular culture in contemporary Thailand. It attempts to examine the ...


Sex Offender Registration And Community Notification Laws: Will These Laws Survive?, Kimberly B. Wilkins May 2003

Sex Offender Registration And Community Notification Laws: Will These Laws Survive?, Kimberly B. Wilkins

University of Richmond Law Review

No abstract provided.


Ifeminism, Ashlie Warnick May 2003

Ifeminism, Ashlie Warnick

Michigan Law Review

Laws should be judged not by their words or intentions, but by their effects and consequences. When government enacts laws designed to benefit one group, society should judge those laws first by examining whether they have, in practice, provided a net benefit to the law's intended beneficiaries. Next, any such benefit must be weighed against the costs imposed on the rest of society. If the benefits outweigh the costs, this is a socially efficient law. Government should repeal a law when the costs it imposes outweigh its benefits. When laws do not provide a net benefit to the group ...


The Effect Of Prior Consensual Sex Between The Victim And The Offender On The Prosecutor's Decision To File Charges In Sexual Assault Cases., Kimberly Brooke Hollifield May 2003

The Effect Of Prior Consensual Sex Between The Victim And The Offender On The Prosecutor's Decision To File Charges In Sexual Assault Cases., Kimberly Brooke Hollifield

Electronic Theses and Dissertations

Research has shown that both legal and extra-legal factors are used by the prosecutor in a sexual assault case when making the decision to file charges in the case. However, no study on sexual assault prosecutorial discretion, at this time, has examined the effect of prior consensual sex between the victim and the offender and the affect that it has on the prosecutor’s decision to file charges. Using data from a National Institute of Justice Study on sexual assault case processing, this study tests whether evidence of prior consensual sex between the victim and the offender plays a role ...


Pda, Fmla, And Beyond: A Brief Look At Past, Present, And Future Sex Discrimination Laws And Their Effects On The Teaching Profession, Sean Stewart Mar 2003

Pda, Fmla, And Beyond: A Brief Look At Past, Present, And Future Sex Discrimination Laws And Their Effects On The Teaching Profession, Sean Stewart

Brigham Young University Education and Law Journal

No abstract provided.


The Domain Of Reflexive Law, Michael C. Dorf Mar 2003

The Domain Of Reflexive Law, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.


Night Thoughts: Reflections On The Debate Concerning Same-Sex Marriage, John V. Orth Mar 2003

Night Thoughts: Reflections On The Debate Concerning Same-Sex Marriage, John V. Orth

Nevada Law Journal

No abstract provided.