Law Commons^™

Law School News: Broadening The Perspective 12/04/2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Expanding Third-Party Standing In Custody Actions: How The Opioid Crisis Has Impacted Lgbtq Parental Rights In Pennsylvania, Jill C. Gorman

Dickinson Law Review (2017-Present)

Declared a public health emergency by the federal government, the opioid crisis often places children in foster care when parents fatally succumb to their addictions. To unburden the foster care system and to accommodate family members who want to care for these children, Pennsylvania enacted Act No. 21 on July 3, 2018, to expand custody standing to include certain third parties. However, because the legislature has not expanded the legal definition of “parent,” Act No. 21 poses a threat to the legal rights of nonbiological LGBTQ parents.

This Comment begins by explaining how the opioid crisis motivated the Pennsylvania legislature …

Revisiting Masterpiece Cakeshop - Free Speech And The First Amendment: Can Political Correctness Be Compelled, Terri R. Day

Hofstra Law Review

This Article questions whether religious objectors, who refuse to provide their services in facilitating a same-sex marriage, are discriminating on the basis of sexual orientation or refusing to adopt a politically correct, albeit legal, view of marriage. If the latter, then, compelling political correctness can have a boomerang effect, creating more LGBTQ discrimination. Given this administration's strong support for religious freedom and two new conservative justices on the Supreme Court, a legislative religious exemption in public accommodation laws may be safer for LGBTQ rights than risking a Supreme Court ruling constitutionally enshrining a religious right to discriminate.

After the Introduction …

Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law (June 2019), Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law

RWU Law

No abstract provided.

Law School News: 'Hate And Bigotry Have No Place In America' April 18, 2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

2nd Annual Stonewall Lecture 04-16-2019, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Stretching The First Amendment: Religious Freedom And Its Constitutional Limits Within The Adoption Sector, Tracy Smith

Pepperdine Law Review

The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity.

Lgbtq Youth In Foster Care: Litigated Reform Of New Jersey’S Child Welfare System, Ariel Alvarez

Department of Political Science and Law Faculty Scholarship and Creative Works

Institutional heteronormativity is endemic across the U.S. state foster care system. The study purpose was to explore New Jersey’s child welfare agency in the context of policy changes during litigated reform that diminished the influence of institutional heteronormativity contributing to inadequate care of lesbian, gay, bisexual, transgender, or questioning (LGBTQ) foster youth. LGBTQ-related policy-based reforms identified through document analysis included: (a) leveraging the authority of state sexual orientation, gender identity, and gender expression (SOGIE) based anti-discrimination legislation; (b) establishing a Safe Space Initiative program; and (c) integrating SOGIE-based anti-discrimination policy and procedural changes to LGBTQ youth case practice, management, service …

It’S Still Me: Safeguarding Vulnerable Transgender Elders, Sarah Steadman

Faculty Scholarship

Transgender individuals have many reasons to be concerned about their welfare in the current political and legislative climate. Transgender elders are especially vulnerable. They are more likely to be disabled than the general elder population. Moreover, transgender elders profoundly fear a future when they must rely on others to maintain and protect their gender identity and dignity. This fear is alarmingly realistic because if a transgender elder becomes incapacitated or requires institutional care, they are likely to face discrimination and other harms by their caretakers. In addition, transgender elders who are incapacitated are particularly at-risk if a non-affirming guardian is …

Conversion Therapy: A Brief Reflection On The History Of The Practice And Contemporary Regulatory Efforts, Tiffany C. Graham

Scholarly Works

No abstract provided.

Rethinking Religious Objections (Old-Testament Based) To Same-Sex Marriage, Doron M. Kalir

Law Faculty Articles and Essays

In Obergefell v. Hodges, the Supreme Court closed the door on one issue only to open the floodgates to another. While recognizing a constitutional right for same-sex marriage, the Court also legitimized religious objections to such unions, practically inviting complex legal challenges to its doors. In doing so, the Court also called for an "open and searching debate" on the issue. This Article seeks to trigger such debate.

For millennia, objections to same-sex marriage were cast in religious and moral terms. The Jewish Bible ("Old Testament"), conventional wisdom argues, provided three demonstrable proofs of the Bible's abhorrence of same-sex …

Transparenthood, Sonia K. Katyal, Ilona M. Turner

Michigan Law Review

Despite the growing recognition of transgender rights in both law and culture, there is one area of law that has lagged behind: family law’s treatment of transgender parents. We perform an investigation of the way that transgender parents are treated in case law and discover striking results regarding the outcomes for transgender parents within the family court system. Despite significant gains for transgender plaintiffs in employment and other areas of law, the evidence reveals an array of ways in which the family court system has systematically alienated the rights and interests of transgender parents. In many cases involving custody or …