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Articles 1 - 21 of 21
Full-Text Articles in Law
Movement Lawyering, Scott L. Cummings
Movement Lawyering, Scott L. Cummings
Indiana Journal of Global Legal Studies
This article examines the relation between movement lawyering and American legal theory, explores the meaning and content of movement lawyering in the contemporary American context, and reflects on the implications of movement lawyering for the theory and practice of access to justice around the globe. It suggests that the rise of movement lawyering signals frustration with process-oriented solutions to fundamental problems of inequality and discrimination in the legal system, and challenges access to justice proponents to frame their work in connection with a political strategy that builds on movements for progressive legal change. In this sense, the article suggests that …
First Comes Marriage, Then Comes Baby, Then Comes What Exactly?, Erez Aloni
First Comes Marriage, Then Comes Baby, Then Comes What Exactly?, Erez Aloni
All Faculty Publications
Taiwan’s legalization of same-sex marriage is an event of international importance concerning the rights of LGBTQ+ individuals and partners; further, it constitutes an opportunity to examine the state of LGBTQ+ equality in Taiwan and elsewhere. To this end, through theoretical and comparative lenses, this Article asks what equality for LGBTQ+ means and what comes after marriage. It offers perspectives on the past, present, and future of the intersection of same-sex marriage and equality. Looking at the path to same-sex marriage in Taiwan, the Article argues that the Taiwanese Constitutional Court’s ruling legalizing same-sex marriage maintained a line between domesticated liberty …
Creative Lawyering For Social Change, Raymond H. Brescia
Creative Lawyering For Social Change, Raymond H. Brescia
Georgia State University Law Review
Lawyers have long played an integral part in efforts to bring about social change. With an increasing desire to see change in the world, regardless of one’s political perspective, there is a growing interest in understanding the role that lawyers can play in bringing about such change. This type of lawyering is complex, however, and faces far more challenges than those the traditional lawyer faces in his or her work. Although all lawyers solve problems on behalf of their clients, the role of the social-change lawyer is more complex because the problems she seeks to address are more complex, mostly …
Find Out What It Means To Me: The Politics Of Respect And Dignity In Sexual Orientation Antidiscrimination, Jeremiah A. Ho
Find Out What It Means To Me: The Politics Of Respect And Dignity In Sexual Orientation Antidiscrimination, Jeremiah A. Ho
Utah Law Review
This Article considers the state of LGBTQ equality after the Supreme Court’s decision in Obergefell v. Hodges. Specifically, by examining this upsurge of social visibility for same-sex couples as both acceptance of sexual minorities and cultural assimilation, the Article finds that the marriage cases at the Supreme Court—Obergefell and United States v. Windsor—shifted the framing of gay rights from the politics of respect that appeared more than a decade ago in Lawrence v. Texas toward a politics of respectability. The Article traces this regression in Justice Kennedy’s own definition of dignity from Lawrence, where he approached the concept of dignity …
In God We Trust, Andrew C. Nosti
In God We Trust, Andrew C. Nosti
SURGE
Almost everywhere I turn I can hear someone saying, “America is a Christian nation!” likely yelled or grumbled with impressive, and sometimes concerning, aggression. I can’t go through a week without this phrase popping up, usually closely accompanied by the notion that America’s founding has roots in Christian principles. [excerpt]
Bernadette Barton, Robert Sammons
Bernadette Barton, Robert Sammons
Audio & Video History Collection
No abstract provided.
From Outsider Status To Insider And Outsider Again: Interest Convergence Theory And Normalization Of Lgbt Identity, Angela Onwuachi-Willig, Alexander Nourafshan
From Outsider Status To Insider And Outsider Again: Interest Convergence Theory And Normalization Of Lgbt Identity, Angela Onwuachi-Willig, Alexander Nourafshan
Faculty Scholarship
After the Supreme Court’s decision in United States v. Windsor, which declared the federal Defense of Marriage Act (DOMA) unconstitutional,and after the granting of certiorari in Obergell v. Hodges, where the Supreme Court will decide whether the Fourteenth Amendment requires states to provide a marriage license to same-sex couples, national marriage equality seems like a legal inevitability.However, Windsor and Obergell, along with other state-level advances toward marriage equality, are not equally promising for all members of the lesbian and gay community. Although Windsor and the revolution of cases that have led to Obergell hold significant promise for one privileged subset …
5th Circuit Likely To Strike Down Gay Marriage Bans: An Analysis Of The Hearing, Ari Ezra Waldman
5th Circuit Likely To Strike Down Gay Marriage Bans: An Analysis Of The Hearing, Ari Ezra Waldman
Other Publications
No abstract provided.
Marriage Equality Is Both Feminist And Progressive, Barbara Cox
Marriage Equality Is Both Feminist And Progressive, Barbara Cox
Barbara Cox
Marriage equality has the ability to lessen vulnerability for society’s most needy. This article discusses two aspects of marriage equality in particular. Part II discusses why marriage equality can be feminist in practice and why obtaining marriage equality for same-sex couples will advance feminist values within marriage. Part III discusses how marriage equality can be progressive and help those who are vulnerable in our society by providing numerous rights that are otherwise unavailable or expensive to replicate. While marriage equality cannot bring an end to the many problems caused by marriage’s privileged status in our society, it has the ability …
“The Tyranny Of The Majority Is No Myth”: Its Dangers For Legally Married Same-Sex Couples, Barbara Cox
“The Tyranny Of The Majority Is No Myth”: Its Dangers For Legally Married Same-Sex Couples, Barbara Cox
Barbara Cox
This article has three sections. Section 1 explains that sexual minorities, consisting of lesbian, gay, bisexual, transgendered, and queer people (LGBTQ), 15 comprise a small number of people within the U.S. and describes the current laws granting and prohibiting legal rights to married or partnered same-sex couples. Thus, the LGBTQ community is dependent on the non-LGBTQ community to decide its rights when those rights are debated at the ballot box, a bad public policy in and of itself. 16 Section II considers the question posed by this symposium: is the tyranny of the majority a danger to minority communities or …
Marriage Equailty: Why Laws Restricting Same-Sex Couples' Rights Should Be Subject To Heightened Scrutiny Under Equal Protection Challenges., Cory A. Delellis
Marriage Equailty: Why Laws Restricting Same-Sex Couples' Rights Should Be Subject To Heightened Scrutiny Under Equal Protection Challenges., Cory A. Delellis
Cory A DeLellis
This thesis discusses why laws that restrict marital rights and recognition, on the basis of the couple’s sexual orientation, should be subject to a heightened or intermediate level of judicial scrutiny under Equal Protection challenges. This thesis addresses, analyzes, and suggests why sexual orientation – within the context of same-sex couples – should be considered a quasi-suspect class, rather than a non-suspect class, so that laws negatively impacting couples based on their sexual orientation are subjected to a fairer and more reasonable level of judicial scrutiny.
Further Standing Lessons, Heather Elliott
Further Standing Lessons, Heather Elliott
Indiana Law Journal
Professor Elliott wrote a piece for the Indiana Law Journal in 2012 (available here). In this article, she updates her analysis and explores the implications of both the health-care and marriage equality cases on the Court’s standing doctrine.
With 30 States Set For Marriage Equality, Road Ahead Still Uncertain, Arthur S. Leonard
With 30 States Set For Marriage Equality, Road Ahead Still Uncertain, Arthur S. Leonard
Other Publications
No abstract provided.
Animus And Marriage Equality, Susannah W. Pollvogt
Animus And Marriage Equality, Susannah W. Pollvogt
Susannah W Pollvogt
Many scholars have speculated about the approach the United States Supreme Court might take in the marriage equality cases currently on its docket. One option that is underexplored is that the Court may revive and rationalize the doctrine of unconstitutional animus. Dormant since the 1996 decision in Romer v. Evans, the doctrine of unconstitutional animus has made only fleeting appearances in the Court’s equal protection jurisprudence, and when it has appeared, it has taken on a distinct incarnation in every instance. For this reason, both scholars and practitioners consider the doctrine to be ill-defined and unreliable. Nonetheless, the doctrine of …
Forgetting Romer, Susannah W. Pollvogt
Unconstitutional Animus, Susannah W. Pollvogt
Unconstitutional Animus, Susannah W. Pollvogt
Susannah W Pollvogt
It is well established that animus can never constitute a legitimate state interest for purposes of equal protection analysis. But neither precedent nor scholarship has stated conclusively what exactly animus is, or what counts as evidence of animus in any given case. The United States Supreme Court has explicitly addressed the question of animus only a handful of times, and these cases do not appear to be particularly congruent with one another, at least on the surface. Further, while scholars have discussed animus in terms of moral philosophy, no one has attempted to articulate a unified theory of animus as …
Personae Non Suspect: Sexual Orientation Discrimination Under The Supreme Court’S New Anticlassification Regime, Chris R. Copeland
Personae Non Suspect: Sexual Orientation Discrimination Under The Supreme Court’S New Anticlassification Regime, Chris R. Copeland
Chris R Copeland
As Perry v. Schwarzenegger seemingly makes its way to the Supreme Court, LGBT advocates are staking their legal claims around the Fourteenth Amendment’s Equal Protection Clause – arguing for the designation of LGBTs as a suspect or quasi-suspect group. The desire for suspect class designation is in vain though. In the late 1970s, the Supreme Court closed the set of suspect and quasi-classifications, and the set will likely remain closed. Around the same time, the Court faced a series of affirmative action cases in which it was forced to choose between two approaches to equal protection: antisubordination and anticlassification. It …
Teaching Employment Discrimination, Angela Onwuachi-Willig
Teaching Employment Discrimination, Angela Onwuachi-Willig
Faculty Scholarship
In this Essay, I explore and discuss various methods for effectively teaching civil rights to this "post-racial" generation. Specifically, I examine the following four classroom challenges: (1) this generation's general lack of understanding about the historical context in which many civil rights laws-for purposes of this Essay, Title VII-arose; (2) the general lack of real-life work experience among many law students; (3) a growing decline in the racial and ethnic diversity of law school classes; and (4) the increasing complexities of discrimination in the workplace, including forms of discrimination such as proxy discrimination and demands for covering. 11 I analyze …
Testimony Before The D.C. Council On Marriage Equality & Domestic Partnerships, Nancy Polikoff
Testimony Before The D.C. Council On Marriage Equality & Domestic Partnerships, Nancy Polikoff
Nancy D. Polikoff
An expert on family law issues affecting gay and lesbian couples, parents and their children, the author provides testimony in support of deleting a provision from pending legislation that would eliminate the legal status of domestic partnerships in Washington, DC. Legal status of domestic partnerships recognizes committed familial relationships other than marriage and is important to family stability and to allocate rights and responsibilities of gay and lesbian couples.
Undercover Other, Angela Onwuachi-Willig
Undercover Other, Angela Onwuachi-Willig
Faculty Scholarship
This Essay argues in favor of legally recognizing same-sex marriages by exploring the similarities in passing between members of same-sex marriages/relationships and interracial marriages/relationships. Specifically, this Essay unpacks the claim that the ability of gays and lesbians to pass as heterosexual distinguishes the ban on same-sex marriages from former bans on interracial marriages. Part I of this Essay first describes policy-based critiques of a Loving-based argument for legalizing same-sex marriage, or as one scholar has coined, of playing the Loving card by analogizing the racism that motivated anti-miscegenation statues that the Supreme Court struck down in 1967 to the anti-gay …
The Newly Disenfranchised: A Constitutional Right Withheld, Herman R. Brown Jr.
The Newly Disenfranchised: A Constitutional Right Withheld, Herman R. Brown Jr.
University of the District of Columbia Law Review
Traditionally, Blacks and women have been denied their constitutional rights based strictly on race and sex. This brand of disenfranchisement has in many instances made these groups feel like "second class" citizens. Although recently, these groups have been able to share in some rights previously withheld, the "playing field of equality of rights" is still not level. For example, women still earn less pay for comparable work performed by their male counterparts. Blacks continue to be shut out of the system based strictly on race. Just as women and Blacks have been denied their rights, other groups have suffered similar …