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Full-Text Articles in Law
Transformative Events In The Lgbtq Rights Movement, Ellen A. Andersen
Transformative Events In The Lgbtq Rights Movement, Ellen A. Andersen
Indiana Journal of Law and Social Equality
Obergefell v. Hodges, the 2015 Supreme Court case holding that same-sex couples had a constitutional right to marry under the Due Process Clause of the Fourteenth Amendment, was widely hailed in the media as a turning point for the LGBTQ rights movement. In this article, I contemplate the meaning of turning points. Social movement scholars have shown that specific events can, on rare occasion, alter the subsequent trajectory of a social movement. Such events have been termed ‘transformative events.’ I ask whether judicial decisions have the capacity to be transformative events and, if so, under what circumstances. I begin by …
Policy Backlash: Measuring The Effect Of Policy Venues Using Public Opinion, Scott Barclay, Andrew R. Flores
Policy Backlash: Measuring The Effect Of Policy Venues Using Public Opinion, Scott Barclay, Andrew R. Flores
Indiana Journal of Law and Social Equality
No abstract provided.
What Does The Foxx Say? An Analysis On The Potential Impact Of The Eeoc’S Official Position That Discrimination On The Basis Of Sexual Orientation Is Itself A Form Of Sex Discrimination, Elizabeth Halet
Indiana Journal of Law and Social Equality
No abstract provided.
Intimate Liberties And Antidiscrimination Law, Deborah A. Widiss
Intimate Liberties And Antidiscrimination Law, Deborah A. Widiss
Articles by Maurer Faculty
In assessing laws that regulate marriage, procreation, and sexual intimacy, the Supreme Court has recognized a “synergy” between guaranteeing personal liberties and advancing equality. Courts interpreting the antidiscrimination laws that govern the private sector, however, often draw artificial and untenable lines between “conduct” and “status” to preclude protections for individuals or couples who face censure because of their intimate choices. This Article exposes how these arguments have been used to justify not only discrimination against the lesbian and gay community, but also discrimination against heterosexual couples who engage in non-marital intimacy or non-marital childrearing.
During the 1980s and 1990s, several …