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Articles 31 - 40 of 40
Full-Text Articles in Fourteenth Amendment
Amending The Massachusetts Parental Notification Statute, Yuval Simchi-Levi
Amending The Massachusetts Parental Notification Statute, Yuval Simchi-Levi
Cardozo Journal of Equal Rights & Social Justice
The note argues that the Massachusetts Parental Notification Statute, enacted in 1996, should be amended to explicitly permit public schools to teach about sexual orientation in the context of promoting tolerance without requiring parental notification. The statute's ambiguity regarding whether such discussions fall under "human sexual education or human sexuality issues" has led to hesitation among schools and legal challenges. The author contends that clarifying the statute would align it with Massachusetts' commitment to diversity and tolerance, as reflected in court rulings like Goodridge v. Department of Public Health.
Sex Required: The Impact Of Massachusetts' Same-Sex Marriage Cases On Marriages With Intersex And Transsexual Partners, Aleks Kajstura
Sex Required: The Impact Of Massachusetts' Same-Sex Marriage Cases On Marriages With Intersex And Transsexual Partners, Aleks Kajstura
Cardozo Journal of Equal Rights & Social Justice
The note argues that the Census Bureau's practice of counting incarcerated individuals as residents of their prison locations, rather than their home communities, distorts political representation by inflating the voting power of districts with prisons and diluting that of others, undermining the principle of "one person, one vote."
The Slippery Slope: The Vitality Of Reynolds V. Us After Romer And Lawrence, James Askew
The Slippery Slope: The Vitality Of Reynolds V. Us After Romer And Lawrence, James Askew
Cardozo Journal of Equal Rights & Social Justice
The note argues that the legal prohibition of polygamy, upheld by the landmark case Reynolds v. United States, is increasingly vulnerable in light of recent Supreme Court decisions, particularly *Romer v. Evans* and Lawrence v. Texas. These decisions have expanded individual rights and challenged the constitutionality of laws targeting specific groups, suggesting that the legal framework against polygamy may no longer hold. The author posits that just as same-sex marriage is gaining legal recognition, polygamous marriages should also be reconsidered under these evolving legal standards.
Out Of The O.R. And Into The Streets: Exploring The Impact Of Intersex Media Activism, Sharon E. Preves
Out Of The O.R. And Into The Streets: Exploring The Impact Of Intersex Media Activism, Sharon E. Preves
Cardozo Journal of Equal Rights & Social Justice
Babies are born intersexed, with ambiguous genitalia or other reproductive anatomical features, every day. Physical sexual ambiguity occurs frequently, affecting approximately one in 2000 births. Most infants born intersexed are surgically and hormonally altered to reflect the sexual anatomy associated with "standard" female or male sex assignment. This article explores the mobilization and methods of intersex individuals and their allies to destigmatize intersexuality and to alter the medical treatment they receive. I explore the intersex movement's use of mass media as a strategic activist tool and the implications of this mobilization for cultural and medical reform, arguing that media attention …
Choosing Liberty Over Equality And Sacrificing Both: Equal Protection And Due Process In Lawrence V. Texas, Andrew J. Seligsohn
Choosing Liberty Over Equality And Sacrificing Both: Equal Protection And Due Process In Lawrence V. Texas, Andrew J. Seligsohn
Cardozo Journal of Equal Rights & Social Justice
The article critiques the Supreme Court's decision in Lawrence v. Texas, arguing that the Court's reliance on substantive due process under the Due Process Clause, rather than the Equal Protection Clause, undermines the broader equality concerns faced by the LGBTQ+ community. By prioritizing liberty over equality, the Court missed an opportunity to establish a more robust legal foundation for future LGBTQ+ rights, leaving the decision vulnerable to challenge and failing to address the systemic discrimination against gays and lesbians.
A Prisoner's Right To Transsexual Therapies: A Look At Brooks V. Berg, Linda D. Chin
A Prisoner's Right To Transsexual Therapies: A Look At Brooks V. Berg, Linda D. Chin
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal and ethical implications of providing medical treatment, particularly gender reassignment surgery (GRS), to transgender prisoners under the Eighth Amendment, which prohibits cruel and unusual punishment. It argues that while courts have recognized the necessity of addressing gender dysphoria, the financial and logistical challenges of providing such treatments raise concerns about equity and resource allocation. The ruling in Brooks v. Berg highlights the tension between constitutional rights and the practical limitations of prison systems in meeting these needs.
Lawrence And Garner: The Love (Or At Least Sexual Attraction) That Finally Dared Speak Its Name, Paris R. Baldacci
Lawrence And Garner: The Love (Or At Least Sexual Attraction) That Finally Dared Speak Its Name, Paris R. Baldacci
Cardozo Journal of Equal Rights & Social Justice
The article examines the legal evolution from *Bowers v. Hardwick* to Lawrence v. Texas, highlighting how the latter marked a pivotal shift in recognizing LGBTQ+ rights by emphasizing personal autonomy and dignity. It underscores the significance of narrative strategies in shaping judicial decisions, particularly in *Lawrence*, where the plaintiffs' personal stories influenced the Court's ruling.
The Ties That Bind, Melissa F. Savage
The Ties That Bind, Melissa F. Savage
Cardozo Journal of Equal Rights & Social Justice
The note examines the evolving legal recognition of foster parents' rights, particularly focusing on the constitutional protections afforded to long-term foster parents under the Due Process Clause of the Fourteenth Amendment. It highlights the significance of the Rodriguez v. McLoughlin case, which established that foster parents who have formed strong emotional bonds with a child and are in the process of adoption may have a constitutionally protected liberty interest in their relationship. The analysis emphasizes the tension between the contractual nature of foster care and the emotional ties that develop, advocating for due process protections for long-term foster parents while …
On The History Of Fathers' Rights And Mothers' Duty Of Care, Sibylla Flügge
On The History Of Fathers' Rights And Mothers' Duty Of Care, Sibylla Flügge
Cardozo Journal of Equal Rights & Social Justice
The article examines the historical evolution of custody rights in Germany, focusing on the shift from maternal preference to increasing recognition of fathers' rights. It argues that the legal system's move toward joint custody and equal parental rights reflects broader societal changes in gender roles, while also critiquing the potential backlash against women's emancipation. The analysis highlights how improvements in fathers' legal standing have often coincided with decreased obligations for men to actively care for children, raising concerns about the practical implications for mothers and children.
An Argument For Universal Pediatric Hiv Testing, Counseling And Treatment, Colin Crawford
An Argument For Universal Pediatric Hiv Testing, Counseling And Treatment, Colin Crawford
Cardozo Journal of Equal Rights & Social Justice
The article argues that mandatory pediatric HIV testing, counseling, and treatment are essential to address a public health emergency, overriding constitutional concerns. The author, Colin Crawford, asserts that early detection and treatment significantly improve the lives of HIV-positive children, making it a compelling state interest that should take precedence over privacy and autonomy concerns.