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2014

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Articles 1 - 16 of 16

Full-Text Articles in Law

The Diary Of An Ex-Con, Erica Edwards Dec 2014

The Diary Of An Ex-Con, Erica Edwards

Capstones

Evelyn Litwok talks about abuse that incarcerated people experience in prison and the punishment inmates face when they attempt to address it with administration.


“The Last Acceptable Prejudice”: Student Harassment Of Gay Public School Teachers, Matthew Bernstein Dec 2014

“The Last Acceptable Prejudice”: Student Harassment Of Gay Public School Teachers, Matthew Bernstein

Tennessee Journal of Race, Gender, & Social Justice

In the United States, where the “marketplace of ideas” is a key social philosophy, few Americans receive the benefits of attending public schools with “out” gay and lesbian teachers. Even in an era where civil rights for homosexual public employees are increasing, more than one quarter of adults in the United States continue to believe that school boards should be permitted to fire teachers known to be homosexual. Amid a permissive legal climate that too easily puts aside the rights of teachers in a myopic focus on students, incidents where students harass teachers based on the teachers’ sexual orientation go …


The Gender Bend: Culture, Sex, And Sexuality – A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta E. Hernández-Truyol Nov 2014

The Gender Bend: Culture, Sex, And Sexuality – A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta E. Hernández-Truyol

Berta E. Hernández-Truyol

In the course of studying and theorizing about Latinas/os and their location in law and culture, critical theory has been simultaneously liberating and restraining, confining, and coercive. Critical theorists have made substantial inroads in recognizing the intersectionality, multidimensionality, multiplicity, and interconnectivities of the intersections of race and sex. These paradigms are central to an analysis of the Latina/o condition within the Estados Unidos (United States). However, much work remains to be done in other areas - such as culture, language, sexuality, and class - that are key to Latinas'/os' self-determination and full citizenship. Cognizant of, and notwithstanding such limitations, this …


A Joyful Heart Is Good Medicine: Sexuality Conversion Bans In The Courts, Wyatt Fore Oct 2014

A Joyful Heart Is Good Medicine: Sexuality Conversion Bans In The Courts, Wyatt Fore

Michigan Journal of Gender & Law

Led by California and New Jersey, states have begun to ban Sexual Orientation Change Efforts (SOCE) for minors. States have targeted SOCE, also called ‘gay conversion therapy,’ by regulating state licensure requirements for mental health professionals. Conservative legal groups have challenged these bans in federal court, alleging a variety of constitutional violations sounding in the First and Fourteenth Amendments. More specifically, these legal groups propose theories claiming that the bans infringe upon individuals’ freedom of speech, free exercise, and parental rights. In this Note, I survey the history of these bans, as well as court decisions that have rejected constitutional …


Twu Law: A Reply To Proponents Of Approval, Elaine Craig Oct 2014

Twu Law: A Reply To Proponents Of Approval, Elaine Craig

Dalhousie Law Journal

Trinity Western University has a Community Covenant that only permits sexual minorities to attend at considerable personal cost to their dignity and sense of self-worth. All student and staff applicants to TWU are required to sign this covenant, pledging not to engage in same-sex intimacy. The purpose of this article is to offer a reply to the arguments advanced by proponents of granting law society accreditation to TWUs proposed program. The paper rejects six of the central claims that proponents ofapproval have advanced. First it responds to the claim that TWU does not actually discriminate against the LGBTQ community. Second …


Cracks In The Shield: The Necessity Of The Employment Non-Discrimination Act, James N. Bolotin Jul 2014

Cracks In The Shield: The Necessity Of The Employment Non-Discrimination Act, James N. Bolotin

James N Bolotin

This paper argues that legislation protecting homosexuals from employment discrimination is necessary, despite hopeful arguments that the text of Title VII should or can already protect against discrimination based on sexual orientation. The paper discusses how the precedent of the federal courts has gone too far in the wrong direction to believe that they will fix this interpretation problem on their own. Furthermore, it posits that the passage of ENDA or similar legislation will successfully lessen the prevalence of this type of discrimination.

Part I considers the history of Title VII’s “because of sex” protection. This includes a short discussion …


Virgin Fathers: Paternity Law, Assisted Reproductive Technology, And The Legal Bias Against Gay Dads, Elizabeth J. Levy Jan 2014

Virgin Fathers: Paternity Law, Assisted Reproductive Technology, And The Legal Bias Against Gay Dads, Elizabeth J. Levy

Elizabeth J Levy

In a small town called Bethlehem, the famous story goes, a young virgin woman gave birth to a son. At the heart of this story lies an enigma that would transform Western civilization: if a woman becomes pregnant without engaging in sexual intercourse with a man, then who is the father of her child? In the twenty-first century United States, the proliferation of assisted reproductive technology (ART) has given this metaphysical question a new significance. More specifically, how the law assigns paternity outside of sexual intercourse is relevant for all men who participate in ART and become “virgin fathers.” In …


Let's Get Married: An Essay In Honor Of Mari Matsuda, Richard Delgado Jan 2014

Let's Get Married: An Essay In Honor Of Mari Matsuda, Richard Delgado

Michigan Law Review First Impressions

Most unbiased evaluations of marriage as an institution consider it an unmitigated benefit, at least for those who enter into it willingly and avoid the shoals of divorce. Married people report higher levels of happiness than their unmarried counterparts, live longer, and lead healthier lives. They are less depressed, drink less, and report more satisfaction with their status than those who have never married or are divorced. The benefits of marriage also accrue to the children of married couples. The children of intact couples, whether straight or gay, are happier and more well adjusted, on average, than those of either …


Online And Onwards: It Gets Better For Gay And Lesbian Media, Marcus O'Donnell Jan 2014

Online And Onwards: It Gets Better For Gay And Lesbian Media, Marcus O'Donnell

Faculty of Law, Humanities and the Arts - Papers (Archive)

Last week’s announcement that Australia’s oldest and most respected lesbian, gay, bisexual, transgender and intersex (LGBTI) weekly newspaper, Sydney Star Observer (SSO), will change to a monthly print format and a reinvigorated web presence does not come as a surprise given the global state of newspapers.

I edited SSO from 1999 to 2006 and, to me, the shift makes sense. What’s more, the publication’s move online says just as much about the evolution of the LGBTI community as it does about the changing fortunes of print media.

Gay and lesbian media have been one of the essential elements in the …


Is Full Marriage Equality For Same-Sex Couples Next? The Immediate And Future Impact Of The Supreme Court's Decisions In United States V. Windsor, Catherine Jean Archibald Jan 2014

Is Full Marriage Equality For Same-Sex Couples Next? The Immediate And Future Impact Of The Supreme Court's Decisions In United States V. Windsor, Catherine Jean Archibald

Valparaiso University Law Review

No abstract provided.


Big (Gay) Love: Has The Irs Legalized Polygamy?, Anthony C. Infanti Jan 2014

Big (Gay) Love: Has The Irs Legalized Polygamy?, Anthony C. Infanti

Articles

Within days in December, a federal judge in Utah made news by loosening that state’s criminal prohibition against polygamy and the Attorney General of North Dakota made news by opining that a party to a same-sex marriage could enter into a different-sex marriage in that state without first obtaining a divorce or annulment. Both of these opinions raised the specter of legalized plural marriage. What discussions of these opinions missed, however, is the possibility that the IRS might already have legalized plural marriage in the wake of the U.S. Supreme Court’s decision last June in United States v. Windsor, which …


Lgbt Families, Tax Nothings, Anthony C. Infanti Jan 2014

Lgbt Families, Tax Nothings, Anthony C. Infanti

Articles

The federal tax laws have never been friendly territory for LGBT families. Before the enactment of the federal Defense of Marriage Act (DOMA), the federal tax laws turned a blind eye to the existence of LGBT families by tacitly embracing state law discrimination against same-sex couples. When it enacted DOMA in 1996, Congress ensured that it would be able to continue to turn a blind eye to LGBT families even if one or more states were to legally recognize families headed by same-sex couples. In a real sense, LGBT families have been, and continue to be, tax outlaws.

This overt …


The House Of Windsor: Accentuating The Heteronormativity In The Tax Incentives For Procreation, Anthony C. Infanti Jan 2014

The House Of Windsor: Accentuating The Heteronormativity In The Tax Incentives For Procreation, Anthony C. Infanti

Articles

Following the Supreme Court’s decision in United States v. Windsor, many seem to believe that the fight for marriage equality at the federal level is over and that any remaining work in this area is at the state level. Belying this conventional wisdom, this essay continues my work plumbing the gap between the promise of Windsor and the reality that heteronormativity has been one of the core building blocks of our federal tax system. Eradicating embedded heteronormativity will take far more than a single court decision (or even revenue ruling); it will take years of work uncovering the subtle …


Legal And Ethical Concerns About Sexual Orientation Change Efforts, Tia Powell, Edward Stein Jan 2014

Legal And Ethical Concerns About Sexual Orientation Change Efforts, Tia Powell, Edward Stein

Articles

No abstract provided.


Twu Law: A Reply To Proponents Of Approval, Elaine Craig Jan 2014

Twu Law: A Reply To Proponents Of Approval, Elaine Craig

Articles, Book Chapters, & Popular Press

Trinity Western University has a Community Covenant that only permits sexual minorities to attend at considerable personal cost to their dignity and sense of self-worth. All student and staff applicants to TWU are required to sign this covenant pledging not to engage in same sex intimacy. On April 11, 2014, the Law Society of British Columbia accredited TWU’s law degree program despite the university’s formal policy of exclusion on the basis of sexual orientation. Later that month, the Law Society of Upper Canada and the Nova Scotia Barristers’ Society refused to approve that same program because of concerns regarding the …


Twu Law: A Reply To Proponents Of Approval, Elaine Craig Dec 2013

Twu Law: A Reply To Proponents Of Approval, Elaine Craig

Elaine Craig

Trinity Western University has a Community Covenant that only permits sexual minorities to attend at considerable personal cost to their dignity and sense of self-worth. All student and staff applicants to TWU are required to sign this covenant pledging not to engage in same sex intimacy. On April 11, 2014, the Law Society of British Columbia accredited TWU’s law degree program despite the university’s formal policy of exclusion on the basis of sexual orientation. Later that month, the Law Society of Upper Canada and the Nova Scotia Barristers’ Society refused to approve that same program because of concerns regarding the …