Sexuality and the Law Commons^™

A Child-Centered View Of Foster Parenting By Same-Sex Couples, James G. Dwyer

Popular Media

No abstract provided.

Naiming The States Where Loving Will Be Recognized: On Tea Leaves, Horizontal Federalism, And Same-Sex Marriage, Mark Strasser

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Toward A Socially Responsible Application Of The Criminal Law To The Problem Of Street Harassment, Maeve Olney

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Married On Sunday, Fired On Monday: Approaches To Federal Lgbt Civil Rights Protections, Lisa Bornstein, Megan Bench

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Where The American Dream Becomes A Nightmare: Lgbt Detainees In Immigration Detention Facilities, Lauren Zitsch

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

A Crowded Room Or The Perfect Fit? Exploring Affirmative Action Treatment In College And University Admissions For Self-Identified Lgbt Individuals, Herbert C. Brown Jr.

William & Mary Journal of Race, Gender, and Social Justice

This Article explores affirmative action treatment for self-identified LGBT individuals in college and university admissions. This Article seeks to explain that while granting affirmative action treatment to self-identified students in the admission process is constitutional, under the current affirmative action precedent, there is a lack of sufficient justification for such an expansion. This Article will also explore the advantages and disadvantages should colleges and universities choose to implement affirmative action programs for LGBT applicants.

Section I of this Article will begin by depicting the evolution of affirmative action programs since their inception in the early 1960s. This section will also …

Employment Discrimination Against Bisexuals: An Empirical Study, Ann E. Tweedy, Karen Yescavage

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Public Accommodation Statutes And Sexual Orientation: Should There Be A Religious Exemption For Secular Businesses?, Lucien J. Dhooge

William & Mary Journal of Race, Gender, and Social Justice

This Article examines the issue of whether there should be a religious exemption for secular businesses from public accommodation statutes that protect prospective patrons from discrimination on the basis of sexual orientation. The Article examines this issue in the context of protecting free exercise of religion versus offering services to all members of the public equally and without distinction. The Article concludes that the perceived threat to religious liberty posed by such statutes is exaggerated, that the consequences of granting exemptions would be harmful, and that state-sanctioned discrimination is contrary to the fundamental principles of justice and equality underlying the …

Voided Vows: Annulment As A Full Faith And Credit Solution To The Same-Sex Divorce Conundrum, Katharine J. Westfall

William & Mary Bill of Rights Journal

No abstract provided.

Section 7: Same-Sex Marriage, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

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Conversion Therapy And Free Speech: A Doctrinal And Theoretical First Amendment Analysis, Clay Calvert, Kara Carnley, Brittany Link, Linda Riedmann

William & Mary Journal of Race, Gender, and Social Justice

This Article analyzes, from both a doctrinal and theoretical perspective, the First Amendment speech interests at stake before the U.S. Court of Appeals for the Ninth Circuit in Welch v. Brown and Pickup v. Brown. Those cases pivot on a controversial California law banning mental health providers from performing sexual orientation change efforts (also known as conversion therapy) on minors. Two district court judges reached radically different conclusions about the First Amendment questions. The Article explores how a trio of recent Supreme Court decisions involving seemingly disparate factual scenarios—Brown v. Entertainment Merchants Association, United States v. Alvarez and Gonzales v. …

Sex Reassignment Surgery: Required For Transgendered Prisoners But Forbidden For Medicaid, Medicare, And Champus Beneficiaries, Jennifer L. Casazza

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Right To (Trans) Parent: A Reproductive Justice Approach To Reproductive Rights, Fertility, And Family-Building Issues Facing Transgender People, Laura Nixon

William & Mary Journal of Race, Gender, and Social Justice

In focusing on fertility preservation and the whiff of eugenics in state statutes, this Article aims to make several contributions to issues at the intersection of the LGBT and reproductive health, rights, and justice movements. This Article will show how the reproductive health issues of transgender people remain shadowed in the mainstream LGBT movement and reproductive health and rights movement. This Article will use reproductive justice principles to provide new entry points for LGBT advocates and reproductive health and rights advocates to build alliances around gender, sexuality, and reproduction by highlighting opportunities for reproductive justice advocates to engage on reproductive …

Social Science Studies And The Children Of Lesbians And Gay Men: The Rational Basis Perspective, Carlos A. Ball

William & Mary Bill of Rights Journal

This Article seeks to determine whether the social science literature on the children of lesbians and gay men precludes the government from relying on child welfare considerations to justify same-sex marriage bans and parenting restrictions affecting lesbians and gay men under the highly deferential rational basis test. Under that test, courts must uphold laws and regulations that have any conceivable basis of fact which is rationally related to a legitimate state interest. After comprehensively reviewing the social science literature, the Article concludes that the empirical evidence showing the lack of an association between parental sexual orientation and the psychological and …

"Better Dead Than Co-Ed"? Transgender Students At An All-Women's College, Laura Minsun Brymer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Open Service And Our Allies: A Report On The Inclusion Of Openly Gay And Lesbian Servicemembers In U.S. Allies' Armed Forces, Suzanne B. Goldberg

William & Mary Journal of Race, Gender, and Social Justice

In the wake of the Obama Administration’s pledge to repeal
“Don’t Ask, Don’t Tell” in the United States, the Columbia Law
School Sexuality & Gender Law Clinic undertook a review of how
allies of the United States moved from a policy of banning gay and
lesbian servicemembers from serving in the armed forces to a policy
of allowing these servicemembers to serve openly (“open service”).
In documenting this review, this report aims to provide information
about the decision to implement open service and the mechanics of
the transition to open service in Australia, Canada, Israel, and the
United Kingdom. In …

Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton

Faculty Publications

No abstract provided.

From Stonewall To The Suburbs? Toward A Political Economy Of Sexuality, Angela P. Harris

William & Mary Bill of Rights Journal

No abstract provided.

Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal

William & Mary Bill of Rights Journal

No abstract provided.

The Backlash Thesis And Same-Sex Massiage: Learning From Brown V. Board Of Education And Its Aftermath, Carlos A. Ball

William & Mary Bill of Rights Journal

No abstract provided.

Patriotic Homosocial Discourse, Kim H. Pearson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Book Review: Ian Ayres & Jennifer Gerarda Brown, Straightforward: How To Mobilize Heterosexual Support For Gay Rights, Evan Wolfson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Why Segregated Schools For Gay Students May Pass A "Separate But Equal" Analysis But Fail Other Issues And Concerns, Louis P. Nappen

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

You Make Me Feel Like A Natural Woman: Allowing Parents To Consent To Early Gender Assignment Surgeries For Their Intersexed Infants, Sara A. Aliabadi

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The International Bill Of Gender Rights Vs. The Cider House Rules: Transgenders Struggle With The Courts Over What Clothing They Are Allowed To Wear On The Job, Which Restroom They Are Allowed To Use On The Job, Their Right To Marry, And The Very Definition Of Their Sex, Phyllis Randolph Frye

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Pansexuality And The Law, Jennifer Ann Drobac

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Bottoms Iii: Visitation Restrictions And Sexual Orientation, Joseph R. Price

William & Mary Bill of Rights Journal

In 1994, national media attention focused on the Virginia case Bottoms v. Bottoms, in which Kay Bottoms successfully fought to terminate her lesbian daughter Sharon's custody of Sharon's son, Tyler. Although the Court of Appeals of Virginia reversed the trial court's award of custody to Kay Bottoms, the Supreme Court of Virginia reversed the appellate court and returned custody to Tyler's grandmother. Sharon then sought modification of the visitation and custody order, but the trial court denied her petition and instead reduced and further restricted her visitation rights. In Bottoms III, the Court of Appeals of Virginia reversed the trial …

The "Defense Of Marriage Act" And Authoritarian Morality, Alec Walen

William & Mary Bill of Rights Journal

The "Defense of Marriage Act" has defined marriage at the federal level for the purpose of denying recognition to same-sex marriages. It thereby perpetuates the unequal treatment of homosexuals, and does so by denying them a fundamental right-the right to marry. In this Essay, Dr. Walen examines the wide range of justifications offered in Congress for this law. Six categories of argument are assessed: (1) politics and economics, (2) history and tradition, (3) religion, (4) the essential nature of marriage and the family, (5) social.decay, and (6) morality. Walen concludes that none of the justifications prove to be adequate to …

The Many Faces Of Sexual Consent, William N. Eskridge Jr.

William & Mary Law Review

No abstract provided.

Section 2: Moot Court: Romer V. Evans, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.