Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 8 of 8
Full-Text Articles in Law
Bostock And Textualism: A Response To Berman And Krishnamurthi, Andrew Koppelman
Bostock And Textualism: A Response To Berman And Krishnamurthi, Andrew Koppelman
Notre Dame Law Review Reflection
The Bostock Court adopted an argument I’ve been making for years, and that I pressed upon it in an amicus brief: that discrimina-tion against gay people is necessarily sex discrimination. I defended Justice Neil Gorsuch’s opinion for the Court in my article, Bostock, LGBT Discrimination, and the Subtractive Moves, which catalogues various common but unsuccessful strategies for evading the force of the sex discrimination argument. That piece, originally drafted before the Supreme Court’s decision as a critique of arguments by Court of Appeals judges, was easy to revise and update. The dissenters, Justices Samuel Alito (joined by Clarence …
Reclaiming Establishment: Identity And The ‘Religious Equality Problem’, Faraz Sanei
Reclaiming Establishment: Identity And The ‘Religious Equality Problem’, Faraz Sanei
Faculty Scholarship
Since at least 2017, the Court has implicitly recognized a right of equal access to generally available public benefits based on the beneficiary's religious identity or status. In Carson v. Makin (2022), the Court went a step further and, for the first time, concluded that the “status-use distinction lacks a meaningful application” in both theory and practice. It then held that restrictions on the use of public benefits for sacral purposes amount to religious discrimination because they impose substantial burdens on free exercise rights. Carson's holding, and the rationale underlying it, contravene settled case law and effectively gut the Establishment …
Confidentiality, Warning And Aids: A Proposal To Protect Patients, Third Parties And Physicians
Confidentiality, Warning And Aids: A Proposal To Protect Patients, Third Parties And Physicians
Touro Law Review
No abstract provided.
The Constitutionality Of The Title Ix Religious Exemption, Madelyn Jacobsen, Rebecca Batty, Editor
The Constitutionality Of The Title Ix Religious Exemption, Madelyn Jacobsen, Rebecca Batty, Editor
Brigham Young University Prelaw Review
Petitioners in Hunter v. Department of Education questioned the constitutionality of the Title IX religious exemption as the basis of their 2021 class-action lawsuit. They claimed that more than 30 religious schools maintained discriminatory policies against LGBTQ students under the exemption. The religious exemption, often painted as unconstitutional discrimination, permits religious schools' adherence to sincerely held religious beliefs—and promotes a distinctive religious education that secular schools lack. This paper examines legal precedents relevant to religious freedom, higher education, and discrimination that demand the Title IX religious exemption remains in effect.
Symposium: Sexual Orientation, Gender Identity & The Constitution: The Public Accommodations Dilemma - Whose Right Prevails, Meg Penrose
ConLawNOW
This essay gives a brief history of religious liberty-based objections to public accommodations law promoting societal integration and provides a potential solution. It argues there are parallels between LGBTQ discrimination and race discrimination, including the continued resistance to full integration and equality. The essay suggests a potential solution to the public accommodations dilemma between anti-discrimination and religious liberty in redefining the scope of religious liberty. Courts should protect religious services and activities—not secular services and activities. The status (religious or secular) of the person providing services should be irrelevant. The focus of public accommodations laws, and legal challenges to these …
Random Justice, Girardeau A. Spann
Random Justice, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
As recent Senate confirmation practices suggest, the Supreme Court is best understood as the head of a political branch of government, whose Justices are chosen in a process that makes their ideological views dispositive. Throughout the nation’s history, the Supreme Court has exercised its governing political ideology in ways that sacrifice the interests of nonwhites in order to advance the interests of Whites. In the present moment of heightened cultural sensitivity to structural discrimination and implicit bias, it would make sense to use affirmative action to help remedy the racially disparate distribution of societal resources that has been produced by …
Bias And Sexism: The Racial And Gender Wage Gap Affecting Black Women
Bias And Sexism: The Racial And Gender Wage Gap Affecting Black Women
Florida A & M University Law Review
The objective of this Article is to address the racial wage gap between Black and White women and provide a solution. Part I of this Article will discuss the history of Black women and White women in the workforce. Part II will discuss the gender wage gap as it applies to Black and White women in the 21st century. Part III will discuss how Title VII of the Civil Rights Act of 1964 and the Equal Pay Act has failed to address the gender and race issues that Black women face when it comes to work wages. Part IV will …
White Vigilantism And The Racism Of Race-Neutrality, Christian Sundquist
White Vigilantism And The Racism Of Race-Neutrality, Christian Sundquist
Articles
Race-neutrality has long been touted in American law as central to promoting racial equality while guarding against race-based discrimination. And yet the legal doctrine of race-neutrality has perversely operated to shield claims of racial discrimination from judicial review while protecting discriminators from liability and punishment. This Article critiques the doctrine of race-neutrality by examining the law’s response to white vigilantism in the much-publicized criminal trials of Kyle Rittenhouse and that of Ahmaud Arbery’s assailants.