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Full-Text Articles in Law

Fostering To Children's Needs Or Fostering To Legislators' Personal Agendas., Tracy Kasparek Dec 2007

Fostering To Children's Needs Or Fostering To Legislators' Personal Agendas., Tracy Kasparek

The Scholar: St. Mary's Law Review on Race and Social Justice

Legislators and judges must keep their own personal biases of homosexuals out of their analysis, particularly when considering if same-sex couples should be foster parents. Legislators and judges personal biases are rooted in unsubstantiated beliefs that homosexuals are mentally ill, lack the same maternal or parental instincts as hetersexuals, and may turn the children into homosexuals. None of these beliefs are supported by any type of evidence. On the contrary, studies indicate that homosexual couples are as fit for parenting as heterosexual couples. Furthermore, homosexual couples tend to take the hardest children to place such as: minority children, children with …


Of Marriage And Monarchy: Why John Locke Would Support Same-Sex Marriage, William B. Turner Mar 2007

Of Marriage And Monarchy: Why John Locke Would Support Same-Sex Marriage, William B. Turner

William B Turner

Arguments about discrimination based on sexual orientation generally rest on interpretations of the equal protection clause of the Fourteenth Amendment or about rights to autonomy rooted in modern substantive due process doctrine. Such theories typically presuppose a government that remains neutral among competing moral claims. This Article, by contrast, develops an account of rights against sexual orientation discrimination—including recognition of same-sex marriage—that does not depend on a thin moral conception of the liberal state. Instead, I situate lesbian/gay rights within a Lockean political theory of consent. John Locke’s theory of government, which was highly influential for the Founders of the …


Gender Matters: Making The Case For Trans Inclusion, Nancy J. Knauer Jan 2007

Gender Matters: Making The Case For Trans Inclusion, Nancy J. Knauer

Nancy J. Knauer

The transgender communities are producing an important and nuanced critique of our gender system. For community members, the project is self-constitutive and, therefore, has an immediacy that also marks the efforts of other marginalized groups who have attempted to make sense of the world through description, interrogation, and, ultimately, a program for transformation. The transgender project also has universalizing elements because, existing within the gender system, each one of us embodies a particular gender articulation. It is through this articulation that we define ourselves in relation to the gender we were assigned at birth, the gender we choose, the gender …


Private Employer Dress Codes And Laws Against Sexual Orientation And Gender Expression Discrimination: The Normative Stereotype Exception Should Not Survive, Ben Kleinman Jan 2007

Private Employer Dress Codes And Laws Against Sexual Orientation And Gender Expression Discrimination: The Normative Stereotype Exception Should Not Survive, Ben Kleinman

Ben Kleinman-Green

In this paper I attempted to do two things. First, to remind readers that current exceptions to anti-discrimination law as applied to dress codes exist because courts find sexual orientation and gender to be outside the scope of Title VII and because courts have ruled that many dress codes that distinguish between men and women do not do so in an objectively harmful way. Second, to show that laws specifically prohibiting sexual orientation and gender discrimination effectively vitiate the ability of the courts to apply normative stereotype exceptions.


Book Review: The Trouble With Simplicity, Shannon Reeves Jan 2007

Book Review: The Trouble With Simplicity, Shannon Reeves

The Modern American

No abstract provided.


Book Review: Lesbian And Transgender Issues In Education: Programs, Policies, And Practices , Justin K. Terres Jan 2007

Book Review: Lesbian And Transgender Issues In Education: Programs, Policies, And Practices , Justin K. Terres

The Modern American

No abstract provided.


New Jersey’S Civil Union Law: A Constitutional “Equal” Creates Inequality, Thomas H. Prol Jan 2007

New Jersey’S Civil Union Law: A Constitutional “Equal” Creates Inequality, Thomas H. Prol

NYLS Law Review

No abstract provided.


Informed Consent For Routine Infant Circumcision: A Proposal, David Solomon Jan 2007

Informed Consent For Routine Infant Circumcision: A Proposal, David Solomon

NYLS Law Review

No abstract provided.