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Articles 1 - 8 of 8
Full-Text Articles in Law
Fostering To Children's Needs Or Fostering To Legislators' Personal Agendas., Tracy Kasparek
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
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
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
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
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
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
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
Informed Consent For Routine Infant Circumcision: A Proposal, David Solomon
NYLS Law Review
No abstract provided.