Open Access. Powered by Scholars. Published by Universities.®

Sexuality and the Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2001

Discipline
Institution
Keyword
Publication
Publication Type

Articles 1 - 30 of 60

Full-Text Articles in Sexuality and the Law

Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein Dec 2001

Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein

Articles

The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …

Go to article

When Is A Parent Not A Parent? On Doma, Civil Unions, And Presumptions Of Parenthood, Mark Strasser Nov 2001

When Is A Parent Not A Parent? On Doma, Civil Unions, And Presumptions Of Parenthood, Mark Strasser

Cardozo Law Review

No abstract provided.

Go to article

Has The Supreme Court Created A Constitutional Shield For Private Discrimination Against Homosexuals - A Look At The Future Remifications Of Boy Scouts Of America V. Dale, Erica L. Stringer Sep 2001

Has The Supreme Court Created A Constitutional Shield For Private Discrimination Against Homosexuals - A Look At The Future Remifications Of Boy Scouts Of America V. Dale, Erica L. Stringer

West Virginia Law Review

No abstract provided.

Go to article

Celibacy, Sexual Exclusivity, And Illicit Drug Abstinence: Giving Up The Life As Taboo In Aids Prevention, Ibpp Editor Jul 2001

Celibacy, Sexual Exclusivity, And Illicit Drug Abstinence: Giving Up The Life As Taboo In Aids Prevention, Ibpp Editor

International Bulletin of Political Psychology

This article highlights social cognitions that seem to impede cost-effective approaches to AIDS prevention.

Go to article

Finding Gold In The Rainbow Rights Movement, Shayna S. Cook May 2001

Finding Gold In The Rainbow Rights Movement, Shayna S. Cook

Michigan Law Review

In her history of the past fifty years of the gay and lesbian civil rights movement, Patricia Cain recounts the litigation successes and failures that contributed to the legal status of gays and lesbians in the Untied States today. Clearly an insider who has marched with the movement every step of the way, Cain provides a comprehensive account of all fronts of the battle in state and federal courts since 1950. But while Rainbow Rights serves as a good primer on the legal challenges and the key themes uniting them, the book reads like an account of a struggle ending …

Go to article

Science Gone Astray: Evolution And Rape, Elisabeth A. Lloyd May 2001

Science Gone Astray: Evolution And Rape, Elisabeth A. Lloyd

Michigan Law Review

Throughout A Natural History of Rape, coauthors Randy Thomhill and Craig Palmer resort to what is known among philosophers of science as "The Galileo Defense," which amounts to the following claim: I am telling the Truth and doing excellent science, but because of ideology and ignorance, I am being persecuted. The authors have repeated and elaborated upon this defense during the si:lable media flurry accompanying the book's publication in February 2000. Now, history has accepted this defense from Galileo. But in order for it to work for Thornhill and Palmer, of course, they must be telling the Truth and doing …

Go to article

A Conservative Defense Of Romer V. Evans, Dale Carpenter Apr 2001

A Conservative Defense Of Romer V. Evans, Dale Carpenter

Indiana Law Journal

No abstract provided.

Go to article

Future Incorporation Of The U.N. Convention On The Rights Of Children Into The United States Education System: Case Study Of Ohio Department Of Education And Sex Education Battle, Alysson Russell Mar 2001

Future Incorporation Of The U.N. Convention On The Rights Of Children Into The United States Education System: Case Study Of Ohio Department Of Education And Sex Education Battle, Alysson Russell

Brigham Young University Education and Law Journal

No abstract provided.

Go to article

"A Lawyer Class": Views On Marriage And "Sexual Orientation" In The Legal Profession, William C. Duncan Mar 2001

"A Lawyer Class": Views On Marriage And "Sexual Orientation" In The Legal Profession, William C. Duncan

Brigham Young University Journal of Public Law

No abstract provided.

Go to article

Politics, Gay Rights And The Light At The End Of The Rainbow, Mary Lafrance Mar 2001

Politics, Gay Rights And The Light At The End Of The Rainbow, Mary Lafrance

Nevada Law Journal

No abstract provided.

Go to article

Why Do They Strike Us?, James Polchin Jan 2001

Why Do They Strike Us?, James Polchin

Center for LGBTQ Studies (CLAGS)

Over the past two years since the brutal murder of Matthew Shepard in Laramie Wyoming, the circumstances of his death have held a symbolic place in the story of violence against gay men and lesbians nationally. University of Wyoming Professor Beth Loffreda's book Losing Matt Shepard: Life and Politics in the Aftermath of Anti-Gay Murder is on the "Lambda Book Report" best-sellers list and MTV has recently premiered "Anatomy of a Hate Crime: The Matthew Shepard Story" that dramatized the events of October 6th, 1998. The telling and retelling of Shepard's murder in both academic books and popular culture suggests …

Go to article

Sexists, Misogynists And The Male-Dominated Workplace: Whether Prevailing Workplace Norms Should Discredit A Hostile Work Environment In Williams V. General Motors Corp., Maresa Torregrossa Jan 2001

Sexists, Misogynists And The Male-Dominated Workplace: Whether Prevailing Workplace Norms Should Discredit A Hostile Work Environment In Williams V. General Motors Corp., Maresa Torregrossa

Villanova Law Review (1956 - )

No abstract provided.

Go to article

The G.I.F.T. Of Two Biological And Legal Mothers, Ryiah Lilith Jan 2001

The G.I.F.T. Of Two Biological And Legal Mothers, Ryiah Lilith

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Go to article

Surveying Gender Bias At One Midwestern Law School, Lisa A. Wilson, David H. Taylor Jan 2001

Surveying Gender Bias At One Midwestern Law School, Lisa A. Wilson, David H. Taylor

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Go to article

When Is An Attempted Rape Not An Attempted Rape? When The Victim Is A Transsexual - Schwenk V. Hartford: The Intersection Of Prison Rape, Title Vii And Societal Willingness To Dehumanize Transsexuals, Katrina C. Rose Jan 2001

When Is An Attempted Rape Not An Attempted Rape? When The Victim Is A Transsexual - Schwenk V. Hartford: The Intersection Of Prison Rape, Title Vii And Societal Willingness To Dehumanize Transsexuals, Katrina C. Rose

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Go to article

The Celebration Of Same-Sex Marriage, Bruce Macdougall Jan 2001

The Celebration Of Same-Sex Marriage, Bruce Macdougall

All Faculty Publications

This article explores the nature of discourse about equality, in particular homosexual equality, and situates the current debate about same-sex marriage in that discourse. The author explores the idea that legal discourse about equality moves among sites that may be labeled condemnation, compassion, condonation and celebration. Achievement of real (as opposed to formal) legal equality requires advancement at each of these sites. In Canada, legal discourse about equality for gays and lesbians at the first three sites has been largely successful and contention now is at the site of celebration. Marriage is a profoundly symbolic institution, representing state celebration of …

Go to article

Little Sisters Book And Art Emporium V. Minister Of Justice: Sex Equality And The Attack On R. V. Butler, Janine Benedet Jan 2001

Little Sisters Book And Art Emporium V. Minister Of Justice: Sex Equality And The Attack On R. V. Butler, Janine Benedet

All Faculty Publications

Scholars and philosophers spend much of their time discussing what pornography means and whether it can be defined. This debate persists despite the fact that most men, regardless of their sexual orientation, seem to understand quite well what pornography is, and what it is for: they produce it commercially, buy it in magazines, rent it in videos, and search for it on the Internet. The pornography industry has the distinct advantage of selling a product that, in legal terms, is considered "expression," and therefore a product that has been declared worthy of constitutional protection under section 2(b) of the Canadian …

Go to article

Lucas Rosa V. Park West Bank And Trust Company, Katherine M. Franke Jan 2001

Lucas Rosa V. Park West Bank And Trust Company, Katherine M. Franke

Michigan Journal of Gender & Law

In July of 1998 something rather mundane happened: Lucas Rosa walked into Park West Bank in Holyoke, Massachusetts and asked for a loan application. Since it was a warm summer day, and because she wanted to look credit-worthy, Rosa wore a blousey top over stockings. Suddenly, the mundane transformed into the exceptional: When asked for some identification, Rosa was told that no application would be forthcoming until and unless she went home, changed her clothes and returned attired in more traditionally masculine/male clothing. Rosa, a biological male who identifies herself as female was, it seems, denied a loan application on …

Go to article

Amicus Curiae Brief Of Now Legal Defense And Education Fund And Equal Rights Advocates In Support Of Plaintiff-Appellant And In Support Of Reversal In The United States Court Of Appeals For The First Curcuit Lucas Rosa V. Park West Bank And Trust Company On Appeal From The United States District Court For The District Of Massachusetts, Katherine M. Franke Jan 2001

Amicus Curiae Brief Of Now Legal Defense And Education Fund And Equal Rights Advocates In Support Of Plaintiff-Appellant And In Support Of Reversal In The United States Court Of Appeals For The First Curcuit Lucas Rosa V. Park West Bank And Trust Company On Appeal From The United States District Court For The District Of Massachusetts, Katherine M. Franke

Michigan Journal of Gender & Law

By dismissing the plaintiffs complaint under the Equal Credit Opportunity Act ("ECOA") on the ground that "the issue in this case is not [Rosa's] sex, but rather how he chose to dress when applying for a loan" (Bench Order at 1), the lower court erroneously established that there are no set of facts in which clothing-based sex stereotyping can form the basis of a legitimate claim of sex discrimination in access to credit. This view of the meaning and scope of the ECOA runs contrary to well-established Supreme Court precedent which prohibits, inter alia, the adverse treatment of a …

Go to article

Law, Self-Pollution, And The Management Of Social Anxiety, Geoffrey P. Miller Jan 2001

Law, Self-Pollution, And The Management Of Social Anxiety, Geoffrey P. Miller

Michigan Journal of Gender & Law

This article considers the anxieties about masturbation and spermatorrhoea from the standpoint of cultural-legal analysis. Seen from this perspective, the worries about masturbation provided an object onto which social anxieties could be displaced and thereby managed. Norm entrepreneurs who played on public fears manipulated basic cultural polarities in order to present masturbation and spermatorrhoea as objects of horror and disgust-things that needed to be expelled, if possible, from the body social.

Go to article

Sexual Orientation And International Law: A Study In The Manufacture Of Cross-Cultural "Sensitivity", Eric Heinze Jan 2001

Sexual Orientation And International Law: A Study In The Manufacture Of Cross-Cultural "Sensitivity", Eric Heinze

Michigan Journal of International Law

Interest groups advocating rights of sexual minorities have been lobbying international organizations for years without success. A standard explanation for that failure is that human sexuality is something complex, even mysterious, which requires that international organizations proceed with special caution. In this essay, it will be argued that such an explanation amounts to a self-fulfilling prophecy. Sexual orientation is neither more nor less complex than many other issues, such as race, ethnicity, religion or gender, which have nevertheless found wide recognition within leading intergovernmental organizations. It is not because sexual orientation is uniquely complex or mysterious that it is barred …

Go to article

Brief For The Plaintiff-Appellant Lucas Rosa In The United States Court Of Appeals For The First Circuit Lucas Rosa V. Park West Bank And Trust Company On Appeal From The United States District Court For The District Of Massachusetts, Jennifer L. Levi, Mary L. Bonauto Jan 2001

Brief For The Plaintiff-Appellant Lucas Rosa In The United States Court Of Appeals For The First Circuit Lucas Rosa V. Park West Bank And Trust Company On Appeal From The United States District Court For The District Of Massachusetts, Jennifer L. Levi, Mary L. Bonauto

Michigan Journal of Gender & Law

The District Court fundamentally misconceived the law as applicable to the Plaintiffs claim by concluding that there may be no relationship, as a matter of law, between telling a bank customer what to wear and sex discrimination. It also misapplied Rule 12(b)(6) to the extent that it resolved any factual questions beyond the allegations of the Complaint regarding the basis of the Bank's different treatment of the Plaintiff. Finally, because the District Court incorrectly dismissed the single federal claim in Plaintiffs Complaint, it improperly dismissed Plaintiffs pendant state claims for want of federal court jurisdiction.

Go to article

Epilogue, Jennifer L. Levi Jan 2001

Epilogue, Jennifer L. Levi

Michigan Journal of Gender & Law

The First Circuit reversed the district court's order dismissing Lucas Rosa's claim against Park West Bank. The appeals court's reversal seems to be part of an emerging nationwide rejection of cases from the 1970s and 1980s in which courts summarily dismissed sex discrimination claims brought by transgender plaintiffs, no matter how squarely the facts appeared to present a clear-cut case of discrimination based on sex. Creating what appeared to be a "transgender" exception to sex discrimination law, those earlier courts ignored what the First Circuit recognized here-that a bank officer who tells an applicant to go home, change, and return …

Go to article

Low-Life-Sleazy-Big-Haired-Trailer-Park Girl V. The President: The Paula Jones Case And The Law Of Sexual Harassment , Barbara Palmer, Judith Baer, Amy Jasperson, Jacqueline Delaat Jan 2001

Low-Life-Sleazy-Big-Haired-Trailer-Park Girl V. The President: The Paula Jones Case And The Law Of Sexual Harassment , Barbara Palmer, Judith Baer, Amy Jasperson, Jacqueline Delaat

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Go to article

Europe Enters A New Millennium With Gays In The Military While The United States Drowns In Don't Ask, Don't Tell: Twin Decisions By The European Court Of Human Rights , Scott Morris Jan 2001

Europe Enters A New Millennium With Gays In The Military While The United States Drowns In Don't Ask, Don't Tell: Twin Decisions By The European Court Of Human Rights , Scott Morris

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Go to article

Boy Scouts Of America V. Dale 530 U.S. 640 (2000), Dennis Amari Jan 2001

Boy Scouts Of America V. Dale 530 U.S. 640 (2000), Dennis Amari

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Go to article

Intrastate Ethnic Conflicts And International Law: How The Rise Of Intrastate Ethnic Conflicts Has Rendered International Human Rights Laws Ineffective, Especially Regarding Sex-Based Crimes , Karina Michael Waller Jan 2001

Intrastate Ethnic Conflicts And International Law: How The Rise Of Intrastate Ethnic Conflicts Has Rendered International Human Rights Laws Ineffective, Especially Regarding Sex-Based Crimes , Karina Michael Waller

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Go to article

The Children Of Homosexual Parents: The Voices The Courts Have Yet To Hear. , Eileen P. Huff Jan 2001

The Children Of Homosexual Parents: The Voices The Courts Have Yet To Hear. , Eileen P. Huff

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Go to article

Twelve Years After Price Waterhouse And Still No Success For Hopkins In Drag: The Lack Of Protection For The Male Victim Of Gender Stereotyping Under Title Vii, Stephen J. Nathans Jan 2001

Twelve Years After Price Waterhouse And Still No Success For Hopkins In Drag: The Lack Of Protection For The Male Victim Of Gender Stereotyping Under Title Vii, Stephen J. Nathans

Villanova Law Review (1956 - )

No abstract provided.

Go to article

Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren Lenard Hutchinson Jan 2001

Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren Lenard Hutchinson

Michigan Journal of Race and Law

This Article arises out of the intersectionality and post-intersectionality literature and makes a case against the essentialist considerations that informed the Human Rights Campaign's endorsement of United States Senator Alfonse D'Amato. Part I discusses the pitfalls that occur when scholars and activists engage in essentialist politics and treat identities and forms of subordination as conflicting forces. Part II examines how essentialism negatively affects legal theory in the equality context. Part III considers the historical motivation for and the efficacy of the "intersectionality" response to the problem of essentialism. Part III also extensively analyzes the "multidimensional" critiques of essentialism offered by …

Go to article

Next Last