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Articles 1 - 30 of 158
Full-Text Articles in Law
Silencing And Surveillance: The Struggle Of Same-Sex Desire In The Shadow Of The 20th-Century Police State, Ethan Dunn
Silencing And Surveillance: The Struggle Of Same-Sex Desire In The Shadow Of The 20th-Century Police State, Ethan Dunn
Honors Theses
This paper investigates the intersection of social perceptions of vice and gender norms in shaping the policing of sexual orientation and sexuality during the turn of the twentieth century. Employing a legal analysis rooted in the law and society movement and critical legal studies, this study examines how social anxieties surrounding vice and vice crimes prompted swift legislative measures at both federal and state levels, resulting in statutes characterized by broad language that granted extensive discretion to law enforcement officials and judges. The emergence of morals and vice police squads further intensified the targeting of individuals who deviated from prevailing …
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 …
Homosexuality And Adoption Of Children: A Bibliometric Analysis, Karthiayani A. Ms., Manika Kamthan Dr.
Homosexuality And Adoption Of Children: A Bibliometric Analysis, Karthiayani A. Ms., Manika Kamthan Dr.
Library Philosophy and Practice (e-journal)
This study is based on the bibliometric analysis of research publications that focus on highlighting the impact of homosexuality on the process of adoption of children. The primary objective of this study is to analyze the frequency of publications focusing on the impact of parental sexual orientation on the process of adoption in different countries. The data required for this study was collected from the Scopus database and was analyzed using VOSviewer software. Literature published from 2000 to January 2021 were extracted and analyzed. A total of 284 documents which are classified into articles, letters, editorials, conference papers, and reviews …
Topology Of The Closet, Michael Boucai
Topology Of The Closet, Michael Boucai
Journal Articles
Despite the closet’s centrality to queer culture and theory, the metaphor’s various meanings have yet to be disaggregated and defined. Following Eve Kosofsky Sedgwick’s identification of the closet with a “crisis of homo/heterosexual definition, indicatively male, dating from the end of the nineteenth century,” the present article uses an array of late-Victorian sources—especially The Memoirs of John Addington Symonds and Teleny, a pornographic novel sometimes attributed to Oscar Wilde—to describe and distinguish: (1) so-called latent homosexuality (“the unconscious closet”); (2) deliberate strategies of suppression, abstention, and reformation (“the conscious closet”); (3) clandestine pursuits of gay sex and sociability (“the double …
1 Step Forward 2 Steps Back: The Transgender Individual Right To Access Optimal Health Care, Alexandre Rotondo-Medina
1 Step Forward 2 Steps Back: The Transgender Individual Right To Access Optimal Health Care, Alexandre Rotondo-Medina
Journal of Race, Gender, and Ethnicity
No abstract provided.
To Protect Or Not To Protect, An Empirical Approach To Predicting Where The Fourth Circuit Would Stand On Coverage For Sexual Orientation Discrimination Under Title Vii, Mary Stuart King
South Carolina Law Review
No abstract provided.
To Be Gay And African: Addressing The Gross Human Rights Violations Of Homosexuals In Cameroon And Uganda, And Legislative Remedies For Their Mistreatment, Danielle E. Makia
To Be Gay And African: Addressing The Gross Human Rights Violations Of Homosexuals In Cameroon And Uganda, And Legislative Remedies For Their Mistreatment, Danielle E. Makia
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Lgbtq+ Individuals, Health Inequities, And Policy Implications, Heather A. Walter-Mccabe, Killian M. Kinney
Lgbtq+ Individuals, Health Inequities, And Policy Implications, Heather A. Walter-Mccabe, Killian M. Kinney
Law Faculty Research Publications
No abstract provided.
How To Get Away With Murder: The “Gay Panic” Defense, Omar T. Russo
How To Get Away With Murder: The “Gay Panic” Defense, Omar T. Russo
Touro Law Review
No abstract provided.
Conversion Therapy: A Brief Reflection On The History Of The Practice And Contemporary Regulatory Efforts, Tiffany C. Graham
Conversion Therapy: A Brief Reflection On The History Of The Practice And Contemporary Regulatory Efforts, Tiffany C. Graham
Scholarly Works
No abstract provided.
The Transformation Of Marriage As A State Institution, John Makdisi, June Mary Zekan Makdisi
The Transformation Of Marriage As A State Institution, John Makdisi, June Mary Zekan Makdisi
Faculty Articles
The first section of this essay explores why the good of children requires the institution of marriage to promote the procreation of children by the act of physical-spiritual love between a man and a woman. The second section explores why the good of children requires the institution of marriage to promote the upbringing of children by the lasting, exclusive, and faithful commitment of the couple. The third section explains why Obergefell's removal of the requirement of a legal union between a man and a woman as an essential aspect of marriage not only destroys the function of the marriage institution …
The Consideration Of Male Victims Of Sexual Violence As A Subset Of The Particular Social Group “Homosexual” In Adjudicating Asylum Claims, Christiana Desrosiers
The Consideration Of Male Victims Of Sexual Violence As A Subset Of The Particular Social Group “Homosexual” In Adjudicating Asylum Claims, Christiana Desrosiers
Pace International Law Review
This Article analyzes the difficulties African male victims of sexual violence experience when seeking asylum in homophobic host countries and the lack of attention they receive from international and national governments and organizations. It concludes by recommending that male victims of sexual violence be able to seek asylum in host countries due to lack of medical care that they receive in their countries on account of imputed homosexual status.
Defamation Per Se And Transgender Status: When Macro-Level Value Judgments About Equality Trump Micro-Level Reputational Injury, Clay Calvert, Ashton T. Hampton, Austin Vining
Defamation Per Se And Transgender Status: When Macro-Level Value Judgments About Equality Trump Micro-Level Reputational Injury, Clay Calvert, Ashton T. Hampton, Austin Vining
UF Law Faculty Publications
This Article uses the September 2017 defamation decision in Simmons v. American Media, Inc. as a springboard for examining defamatory meaning and reputational injury. Specifically, it focuses on cases in which judges acknowledge that plaintiffs have suffered reputational harm yet rule for defendants because promoting the cultural value of equality weighs against redress. In Simmons, a normative, axiological judgment--that the law should neither sanction nor ratify prejudicial views about transgender individuals-- prevailed at the trial court level over a celebrity's ability to recover for alleged reputational harm. Simmons sits at a dangerous intersection: a crossroads where a noble judicial desire …
"I Feel Like I Just Need To Be More Careful, You Know?": Gay And Bisexual Post-Secondary Students Contemplate The Job Market, Kyle Carmelo Militello
"I Feel Like I Just Need To Be More Careful, You Know?": Gay And Bisexual Post-Secondary Students Contemplate The Job Market, Kyle Carmelo Militello
Electronic Thesis and Dissertation Repository
Through a qualitative lens, this research explores the concerns sexual minority students have about making the transition to full-time employment and examines how experiences of adversity shape concerns and anxieties. Unlike the previous generations before them, the students who participated in this study share the privilege of entering a labour market that prohibits discrimination on the basis of sexual identity. With the aim of complementing and advancing existing literature, the study is motivated by the following research question: despite being a protected class, do post-secondary gay and bisexual students hold anxieties about joining a potentially heteronormative workforce? To answer this …
Immigration And Naturalization-Petition For Naturalization-Alien, A Veteran Who Served Honorably In The United States Armed Forces, And Whose Requirements For Citizenship Are Otherwise Eased, Cannot Be Denied Citizenship For Lack Of "Good Moral Character" Solely On The Basis Of His Homosexuality, Walter E. Leggett Jr
Georgia Journal of International & Comparative Law
No abstract provided.
Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe
Georgia Journal of International & Comparative Law
No abstract provided.
Hogg, Karen (Fa 842), Manuscripts & Folklife Archives
Hogg, Karen (Fa 842), Manuscripts & Folklife Archives
FA Finding Aids
Finding aid only for Folklife Archives Project 842. This collection “Same Sex Marriage and the Law: An Oral History Project” is comprised of 16 interviews with attorneys--who participated in the 2013 case of Obergefell v. Hodges that challenged Kentucky’s laws related to recognition of same-sex marriages--and couples involved in the movement who sought change and hope for equality.
Opting Out In The Name Of God: Will Lawyers Be Compelled To Handle Same-Sex Divorces?, Bill Piatt
Opting Out In The Name Of God: Will Lawyers Be Compelled To Handle Same-Sex Divorces?, Bill Piatt
Faculty Articles
In June of 2015, the United States Supreme Court determined by a 5–4 ruling in Obergefell v. Hodges that same-sex couples have a constitutionally guaranteed right to marry. While this represents a momentous victory for homosexuals, many people are still vehemently opposed to the idea. Homosexuality is especially frowned upon in certain religions, including some sects of Christianity. Is it possible that attorneys who decline on religious grounds to provide legal services to same-sex individuals seeking divorces will be ordered to provide that representation? Might those attorneys be sanctioned if they fail to do so? These are both novel and …
"Only Steers And Queers Come From Texas": The Texas Sodomy Statutes And The Making Of An Other, 1860-1973, Jecoa Ross
"Only Steers And Queers Come From Texas": The Texas Sodomy Statutes And The Making Of An Other, 1860-1973, Jecoa Ross
Open Access Theses & Dissertations
This Thesis explores the history of sodomy as it has been conceptualized through the creation and enforcement of the Texas sodomy statutes between 1860 and 1973. In analyzing state court cases, legislative records, and newspaper accounts, I argue that the evolution of the concept of sodomy from its inception as a broad criminal category in the 1860 Texas sodomy statute to its more-narrow conceptualization by Texas legislators as a behavioral characteristic of homosexual status in the 1973 homosexual conduct statute was a political and historically contingent process. This process was political firstly in that it allowed for the construction of …
On Marriage, Religious Freedom, Equality And Homosexuality: A Reply To Professor Huhn, George W. Dent Jr.
On Marriage, Religious Freedom, Equality And Homosexuality: A Reply To Professor Huhn, George W. Dent Jr.
ConLawNOW
As Professor Huhn says, there is much on which we agree. I concur that the Free Exercise Clause gives citizens no power to override an Equal Protection decision by the Supreme Court (his answer to his Question 1), or a decision of a state supreme court to compel legal recognition of same-sex “marriage” (SSM) (his answer to his Question 2). We part company, though, over the meaning of equality and its application to marriage.
Afterword – Straightness As Property: Back To The Future-Law And Status In The 21st Century, Symposium: Liberalism And Property Rights, Berta E. Hernández-Truyol, Shelbi D. Day
Afterword – Straightness As Property: Back To The Future-Law And Status In The 21st Century, Symposium: Liberalism And Property Rights, Berta E. Hernández-Truyol, Shelbi D. Day
Berta E. Hernández-Truyol
As is evident from the other works in this Symposium, throughout history in both the United States and the greater Western World, status-based exclusion of individuals and groups from property rights has been central to the existence of political and social hierarchies. Specifically, exclusion based on status — whether it be nationality, culture, race, sex or sexuality — has plagued our history and has been integral in the formation and development of both constitutional and property law regimes. Consequently, both regimes are at best uneven in the grant and distribution of rights and benefits. A forward-looking examination of the link …
Same-Sex Marriage And Jewish Law: Time For A New Paradigm?, Doron M. Kalir
Same-Sex Marriage And Jewish Law: Time For A New Paradigm?, Doron M. Kalir
Doron M Kalir
In recent years the Supreme Court, as well as important segments of society, has come to accept and even celebrate same-sex relations that in the past, and for some still today, have generated contempt, hostility, and violence. This change in law and culture poses a unique challenge for those who are moved by the plight of gay people yet concomitantly feel bound by their religious convictions and therefore prevented from providing religious legitimacy to people who yearn to be part of their community. Professor Kalir meets this challenge by proposing that the Torah (and Jewish law), read in context, accepts …
Same-Sex Marriage And Jewish Law: Time For A New Paradigm?, Doron M. Kalir
Same-Sex Marriage And Jewish Law: Time For A New Paradigm?, Doron M. Kalir
Law Faculty Articles and Essays
In recent years the Supreme Court, as well as important segments of society, has come to accept and even celebrate same-sex relations that, in the past, and for some still today, have generated contempt, hostility, and violence. This change in law and culture poses a unique challenge for those who are moved by the plight of gay people yet concomitantly feel bound by their religious convictions and therefore prevented from providing religious legitimacy to people who yearn to be part of their community. Professor Kalir meets this challenge by proposing that the Torah (and Jewish law), read in context, accepts …
Racing The Closet, Russell K. Robinson
In Re Adoption Of Charles B. - A Tough Act To Follow, Deborah M. Arik
In Re Adoption Of Charles B. - A Tough Act To Follow, Deborah M. Arik
Akron Law Review
This Note first discusses homosexuality and examines Ohio's position on adoption, child custody, and custody disputes involving homosexual parents." The Note then reviews other states' positions on homosexual adoption. The remainder of the Note analyzes the Charles B. decisions" and discusses future questions that the Court will need to answer."
Coming Out: Decision-Making In State And Federal Sodomy Cases, Susan Ayres
Coming Out: Decision-Making In State And Federal Sodomy Cases, Susan Ayres
Susan Ayres
In 1791, American states were enacting laws against sodomy at the same time they ratified the Bill of Rights, the first ten constitutional amendments meant to safeguard fundamental rights of individuals in a free society. In a March 1789 letter to James Madison, Thomas Jefferson asserted that a bill of rights was necessary to give the judiciary the power to protect such individual rights. Ironically, that which the judiciary gives, it may also take away, since "[t]he legislator is a writer. And the judge a reader."
This Article deconstructs recent sodomy cases in order to challenge judicial adoption or reinscription …
Coming Out Is A Free Pass Out: Boy Scouts Of America V. Dale, N. Nicole Endejann
Coming Out Is A Free Pass Out: Boy Scouts Of America V. Dale, N. Nicole Endejann
Akron Law Review
This Note discusses the three Supreme Court cases that have delineated the battle between public accommodation laws and an organization’s freedom of expressive association: Roberts v. United States Jaycees, Board of Directors of Rotary International v. Rotary Club of Duarte, and New York State Club Association, Inc. v. City of New York. Specifically, this Note focuses on the development of the balancing test which courts use to protect these two constitutional freedoms. This Note then analyzes the Supreme Court’s decision in Boy Scouts of America v. Dale, pointing out its deviations from the Roberts Trilogy. Finally, this Note explains the …
Sex And The Shari’A: Defining Gender Norms And Sexual Deviancy In Shi’I Islam, Haider Ala Hamoudi
Sex And The Shari’A: Defining Gender Norms And Sexual Deviancy In Shi’I Islam, Haider Ala Hamoudi
Articles
This paper demonstrates that modern authoritative jurists working within the Shi’i tradition have developed their rules respecting sex regulation to serve three primary commitments. The first of these is that there is an intense and near debilitating desire on the part of human beings generally, though mostly men, for a great deal of sex. This desire must be satisfied, but it also must be tightly controlled. This is because of the second commitment, which is that excessive licentiousness is a form of secular distraction from a believer’s central obligation to worship God. Finally, and perhaps the most interesting, is the …
No Religious Out For Firefighters Staffing Engine In Pride Parade, Arthur S. Leonard
No Religious Out For Firefighters Staffing Engine In Pride Parade, Arthur S. Leonard
Other Publications
No abstract provided.
Some Thoughts On The Conduct/Status Distinction, Sherry F. Colb
Some Thoughts On The Conduct/Status Distinction, Sherry F. Colb
Sherry Colb
No abstract provided.