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Articles 31 - 36 of 36
Full-Text Articles in Sexuality and the Law
Protecting Transgender Families: Strategies For Advocates, Taylor Flynn
Protecting Transgender Families: Strategies For Advocates, Taylor Flynn
Faculty Scholarship
For a transgender (trans) man or woman, what begins as the dissolution of a relationship may be transformed into a public nightmare in which the individual is forced to defend the authenticity of his or her gender in the face of relentless, brutal, and humiliating questions about the most intimate details of personal anatomy and sexual practices. This Article discusses this reality in the case of Michael Kantaras, a transsexual man in Clearwater, Florida in 2002.
Protections For Transgender Employees, Jennifer Levi
Protections For Transgender Employees, Jennifer Levi
Faculty Scholarship
This Article discusses protections for transgender employee rights and how many transgender employees routinely face demotions, unfavorable conditions of employment, and even discriminatory terminations--due not to job-related problems but to employers' discomfort with and animus against transgender people. The Author points out that although courts historically have found transgender people excluded from coverage under certain laws, developing case law supports the arguments of transgender employees who face workplace discrimination.
Don't Ask Us To Explain Ourselves, Don't Tell Us What To Do: The Boy Scouts' Exclusion Of Gay Members And The Necessity Of Independent Judicial Review, Taylor Flynn
Faculty Scholarship
In Boy Scouts of America v. Dale, the U.S. Supreme Court held by a five to four majority that the Boy Scouts of America is entitled to ban gay persons from membership despite New Jersey's prohibition against sexual orientation discrimination. The Dale majority sharply departed from the Court's long line of expressive association cases, in which it has rejected the claims of private clubs that application of civil rights laws to their membership policies violates their associational rights. This Author argues that by "reading" the plaintiff in Boy Scouts of America v. Dale as a cipher for gay sex, and …
Transforming The Debate: Why We Need To Include Transgender Rights In The Struggles For Sex And Sexual Orientation Equality, Taylor Flynn
Transforming The Debate: Why We Need To Include Transgender Rights In The Struggles For Sex And Sexual Orientation Equality, Taylor Flynn
Faculty Scholarship
The Author observes that sex and sexual orientation equality jurisprudence is premised upon the traditional understanding of "sex" as determined by anatomy at birth. The presumption typically following from this reduction of sex to anatomy is the notion that certain gendered attributes are inherent in biological male- or femaleness. The Author asserts that these erroneous and unduly narrow views significantly hamper courts' ability to address the core of sex and sexual orientation discrimination-hostility based on failure to conform to conventional gender norms. Surveying workplace, public accommodation, asylum, marriage, and custody cases, Flynn explains how conventional jurisprudence fails a wide array …
Massachusetts' Domestic Partnership Challenge: Hope For A Better Future, Jennifer Levi
Massachusetts' Domestic Partnership Challenge: Hope For A Better Future, Jennifer Levi
Faculty Scholarship
Acknowledging that its decision means that "some household members" may be without a "critical social necessity," the Massachusetts Supreme Iudicial Court (SJC) ruled in Connors v. City of Boston that Boston Mayor Thomas M. Menino's executive order granting health insurance benefits to the domestic partners of city employees could not stand in the face of a Massachusetts state insurance law. In Connors, the SJC simultaneously recognized that although the demographics of Massachusetts households have changed within the more than forty years since the state insurance law, G.L. c. 32B (Chapter 32B), was adopted, that law nevertheless constrains municipalities from extending …
Law And Literature: Representing Lesbians, Anne B. Goldstein
Law And Literature: Representing Lesbians, Anne B. Goldstein
Faculty Scholarship
What is involved in representing a lesbian in law or in literature? The premise of this Article is that the work of novelists is enough like the work of lawyers that useful insights can be drawn in at least one direction. That is, lawyers can learn how to represent lesbian clients better by studying books with lesbian characters.