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Full-Text Articles in Law

“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 …


Appellate Division, Second Department, Langan V. St. Vincent's Hospital Of New York, Christin Harris Nov 2014

Appellate Division, Second Department, Langan V. St. Vincent's Hospital Of New York, Christin Harris

Touro Law Review

No abstract provided.


License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour Oct 2014

License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour

Seattle University Law Review

Over the past few decades, the debate over sexual orientation has risen to the forefront of civil rights issues. Though the focus has generally been on the right to marriage, peripheral issues associated with the right to marriage—and with sexual orientation generally—have become more common in recent years. As the number of states permitting same-sex marriage—along with states prohibiting discrimination on the basis of sexual orientation—increases, so too does the conflict between providers of public accommodations and those seeking their services. Never is this situation more problematic than when religious beliefs are cited as the basis for denying services to …


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 …


Two Dads Are Better Than One: The Supreme Court Of Virginia's Decision In L.F. V. Breit And Why Virginia's Assisted Conception Statute Should Allow Gay Couples To Legally Parent A Child Together, Lauren Maxey May 2014

Two Dads Are Better Than One: The Supreme Court Of Virginia's Decision In L.F. V. Breit And Why Virginia's Assisted Conception Statute Should Allow Gay Couples To Legally Parent A Child Together, Lauren Maxey

University of Richmond Law Review

This comment examines whether gay men can have a child through a surrogacy arrangement in Virginia and whether gay men can retain parental rights through surrogacy contracts under the Virginia Assisted Conception Act. The Virginia laws affect gay males and gay females equally, but this comment addresses the issues arising with same-sex couples in the context of gay dads. Part II provides a background of surrogacy and specifically discusses surrogacy in relation to same-sex couples. Part III provides a general background of adoption and the establishment of parentage rights. Part IV describes the Assisted Conception Act,the legislative history of the …


Michael Sam And The Nfl Locker Room: How Masculinities Theory Explains The Way We View Gay Athletes, Lisa A. Mazzie Jan 2014

Michael Sam And The Nfl Locker Room: How Masculinities Theory Explains The Way We View Gay Athletes, Lisa A. Mazzie

Marquette Sports Law Review

No abstract provided.


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 …


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.