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Articles 1 - 5 of 5
Full-Text Articles in Law
Respecting Freedom And Cultivating Virtues In Justifying Constitutional Rights, Linda C. Mcclain, James E. Fleming
Respecting Freedom And Cultivating Virtues In Justifying Constitutional Rights, Linda C. Mcclain, James E. Fleming
Faculty Scholarship
What’s new in the long-standing debate between civic republicans and liberals about how best to understand and justify rights? This article picks up the thread with political philosopher Michael Sandel’s recent, internationally-renowned book, Justice: What’s the Right Thing To Do? The article evaluates the sharp contrasts his book draws between justice as cultivating virtues and justice as respecting freedom, using his example of contemporary arguments for and against opening up civil marriage to same-sex couples. Sandel contends that “liberal neutrality” and a public square denuded of religious arguments and convictions are impossible on this issue. Drawing on Aristotle, he contends …
“Gen Silent”: Advocating For Lgbt Elders, Nancy J. Knauer
“Gen Silent”: Advocating For Lgbt Elders, Nancy J. Knauer
Nancy J. Knauer
This article provides a general introduction to the specific challenges facing LGBT elders. In addition to the general burdens of aging, LGBT elders are disadvantaged by a number of LGBT-specific concerns, most notably: the legal fragility of their support systems, high levels of financial insecurity compounded by ineligibility for spousal benefits, and the continued prevalence of anti-LGBT bias on the part of their non-LGBT peers and service providers. Part I outlines the ways in which LGBT elders differ from their non-LGBT peers in terms of demographics and their reliance on “chosen family,” as well as some of the particular issues …
What Did Jesus Do: Answering Religious Conservatives Who Oppose Bullying Prevention Legislation, Daniel B. Weddle, Kathryn E. New
What Did Jesus Do: Answering Religious Conservatives Who Oppose Bullying Prevention Legislation, Daniel B. Weddle, Kathryn E. New
Faculty Works
Conservative Christian organizations assert that anti-bullying programs are a stealth effort by gay activists to introduce into American schools an aggressive lesbian, gay, bisexual, transgender (LGBT) agenda. They contend that legislation and bullying prevention programs that mention gays are an attempt to indoctrinate children to embrace homosexual lifestyles; tolerate homosexual behavior; and celebrate homosexuality, bisexuality, and transgender identity. These voices are having an impact on state legislatures and the damage is immense. Educational research has made clear the devastating effects of bullying upon children, and LGBT students are among the most often targeted and least protected students. Given that schools …
The Rise And Fall Of Western Homohysteria, Eric Anderson
The Rise And Fall Of Western Homohysteria, Eric Anderson
Journal of Feminist Scholarship
In this essay, I draw upon my pro-feminist background to describe the formulation of the concept of homohysteria and explain its heuristic utility in conceptualizing historical shifts in heterosexual men's gendered regimes. I suggest that in times of high homohysteria, heterosexual men are compelled to align their identities and behaviors with orthodox (hypermasculine) notions of men's masculinity. This is in order to avoid homosexualization. Conversely, heterosexual men retain considerably more gendered freedom in times of low or no homohysteria. I describe this as a cultural process related to homophobia and define the term homohysteria as men's fear of being homosexualized, …
Straight Is Better: Why Law And Society May Legitimately Prefer Heterosexuality, George W. Dent
Straight Is Better: Why Law And Society May Legitimately Prefer Heterosexuality, George W. Dent
Faculty Publications
America is embroiled in a culture war over homosexuality. The homosexual movement demands the end of “heteronormativity” - the social and legal preference for heterosexuality. It insists that “Gay Is Good” - just as good as heterosexuality. This article presents a defense of heteronormativity; it argues that straight is better. In particular, it argues that naturally conceiving, bearing and raising children is intrinsically good for parents; that it is both intrinsically and instrumentally good for children to be raised by their biological parents who are married to each other; and that traditional marriage is both intrinsically and instrumentally good for …