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Articles 1 - 8 of 8
Full-Text Articles in Law
The Overrepresentation Of Lesbian, Gay, Bisexual, Questioning, Gender Nonconforming And Transgender Youth Within The Child Welfare To Juvenile Justice Crossover Population, Angela Irvine Ph.D., Aisha Canfield M.P.P
The Overrepresentation Of Lesbian, Gay, Bisexual, Questioning, Gender Nonconforming And Transgender Youth Within The Child Welfare To Juvenile Justice Crossover Population, Angela Irvine Ph.D., Aisha Canfield M.P.P
American University Journal of Gender, Social Policy & the Law
No abstract provided.
A Joyful Heart Is Good Medicine: Sexuality Conversion Bans In The Courts, Wyatt Fore
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 …
Virgin Fathers: Paternity Law, Assisted Reproductive Technology, And The Legal Bias Against Gay Dads, Elizabeth J. Levy
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 …
Put The Town On Notice: School District Liability And Lgbt Bullying Notification Laws, Yariv Pierce
Put The Town On Notice: School District Liability And Lgbt Bullying Notification Laws, Yariv Pierce
University of Michigan Journal of Law Reform
Congress could mitigate the problem of lesbian, gay, bisexual, and transgender (LGBT) student bullying by requiring that teachers and school officials report all bullying incidents to their school district administrators. Many school districts are not aware of the prevalence of LGBT bullying and the extent to which each school protects, or fails to protect, its LGBT students compared to other harassed students. LGBT students often encounter difficulty demonstrating that their school district has a policy or custom of deliberate indifference toward their equal treatment when a school does not equally protect an LGBT student from peer-to-peer bullying because of the …
Displaced Mothers, Absent And Unnatural Fathers: Lgbt Transracial Adoption, Kim H. Pearson
Displaced Mothers, Absent And Unnatural Fathers: Lgbt Transracial Adoption, Kim H. Pearson
Michigan Journal of Gender & Law
While some might believe that Black versus gay discourse only surfaces in highly politicized settings like the military and marriage, it holds sway in the area of LGBT transracial adoption. LGBT transracial adoptions are a relatively small percentage of all adoptions, which include private adoptions, LGBT second-parent adoptions, and step-parent adoptions, but they are an important site for interrogating the Black versus gay discourse because adoption and custody decisions often address parent-child transmission. When claims intersect, as they do in a case where a White LGBT foster parent and a Black maternal grandmother dispute the adoption of a Black child, …
Fear Of The Queer Child, Clifford Rosky
Fear Of The Queer Child, Clifford Rosky
Utah Law Faculty Scholarship
This article is about the fear of the queer child — the fear that exposing children to homosexuality and gender variance makes them more likely to develop homosexual desires, engage in homosexual acts, deviate from traditional gender norms, or identify as lesbian, gay, bisexual, or transgender. This fear is thousands of years old, but it has undergone a remarkable transformation in the last half-century, in response to the rise of the LGBT movement. For centuries, the fear had been articulated specifically in sexual terms, as a belief that children would be seduced into queerness by adults. Since the 1970s, it …
Coming Out For Kids: Recognizing, Respecting, And Representing Lgbtq Youth, Barbara Fedders
Coming Out For Kids: Recognizing, Respecting, And Representing Lgbtq Youth, Barbara Fedders
Nevada Law Journal
No abstract provided.
Second-Parent Adoption, Patricia J. Falk
Second-Parent Adoption, Patricia J. Falk
Law Faculty Articles and Essays
The topic of this article is second-parent adoption. I hope to accomplish four things in my discussion. First, I will define second-parent adoption and give some reasons that it is desirable for both parents and children. Second, I will summarize the state of the law in terms of legislative enactments and case law in the United States. Third, I will discuss the role of social science in second-parent adoption cases. Finally, I will discuss some of the implications of recognizing second-parent adoptions.