Sexuality and the Law Commons^™

R.G. & G.R. Harris Funeral Homes, Inc. V. Equal Employment Opportunity Commission: Brief Of Professors Samuel R. Bagenstos, Michael C. Dorf, Martin S. Lederman, Leah M. Litman, And Margo Schlanger As Amici Curiae In Support Of Respondent Stephens, Sameul Bagenstos, Leah Litman, Margo Schlanger

Appellate Briefs

Amici are legal scholars who teach and write on constitutional law and civil rights law. They submit this brief to call attention to one particular means of resolving this case that would not require the Court to determine whether Title VII prohibits discrimination against transgender individuals based upon their transgender status, as such. More broadly, amici seek to offer guidance on how to interpret Title VII in cases where employers require employees to comply with sex-specific dress, grooming, and presentation requirements in the workplace.

In order to resolve this case, it is not necessary for the Court to decide whether …

To Protect Or Not To Protect, An Empirical Approach To Predicting Where The Fourth Circuit Would Stand On Coverage For Sexual Orientation Discrimination Under Title Vii, Mary Stuart King

South Carolina Law Review

No abstract provided.

Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson

Brooklyn Journal of International Law

South Africa’s post-apartheid constitutions were the first in the world to contain an explicit prohibition of discrimination on grounds of sexual orientation, and that prohibition established the foundation for marriage equality and broad judicial and legislative protection of gay rights in South Africa. The source of this gay rights clause in the South African Constitution can be found in the African National Congress’s decision to include such a clause in the ANC’s A Bill of Rights for a New South Africa, published when the apartheid government of South Africa was still in power. This article traces the story of that …

Law School News: Roger Williams Celebrates Pride 06-17-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Up To The Task: Utilizing Collaboration To Combat Trafficking In Persons, Claire Schalin

Journal of the National Association of Administrative Law Judiciary

In this article, I will define trafficking and dispel some common myths that people believe about trafficking. This section will explain trafficking’s many forms and will demonstrate how trafficking can be a stationary crime rather than one requiring movement. Next, I will give a history of the legislation surrounding trafficking and common approaches to curbing the trafficking problem including arguments on both sides of decriminalization. In this section, I will present a country comparison on how different countries approach traffickers and victims of trafficking in their efforts to reduce trafficking in general. In addition to analyzing how varying countries address …

Web Of Lives: How Regulating The Dark Web Can Combat Online Human Trafficking, Christopher Campbell

Journal of the National Association of Administrative Law Judiciary

This article argues that one of the ways to appropriately fight online human trafficking is through governmental regulation of the Dark Web. Specifically, this article argues that a new Attaching Criminal Dark Web Statute is the best method to combat human trafficking because it can incentivize prosecutors to use current human trafficking statutes to prosecute traffickers. This proposal can deter traffickers from enslaving people. Additionally, this article shows the evolution of online human trafficking laws, investigation, and prosecution (Section II); demonstrates why current and proposed laws do not effectively address the online human trafficking issue (Sections III and IV); introduces …

To Be Gay And African: Addressing The Gross Human Rights Violations Of Homosexuals In Cameroon And Uganda, And Legislative Remedies For Their Mistreatment, Danielle E. Makia

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

No abstract provided.

State Abortion Restrictions And The New Supreme Court: Women’S Access To Reproductive Health Services, Rebecca Reingold, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The US Supreme Court’s landmark 1973 ruling in Roe v Wade established a privacy right to choose abortion. In 1992, Planned Parenthood of Southeastern Pennsylvania v Casey reaffirmed Roe with the Supreme Court calling reproductive decisions “the most intimate and personal choices a person may make…central to personal dignity.” Casey allows abortion regulations, but states cannot impose an “undue burden,” where the law’s “purpose or effect” places a substantial obstacle in a woman’s path in accessing an abortion previability.

State abortion restrictions—meaning laws that restrict whether, when, and under what circumstances a woman may obtain an abortion—increased in the aftermath …

Sex- And Gender-Based Harassment In The Gaming Industry, Ann C. Mcginley

UNLV Gaming Law Journal

No abstract provided.

In The Right Direction, Family Diversity In The Inter-American System Of Human Rights, Macarena Sáez

Scholarly Articles in Law Reviews & Journals

This Article argues that the Inter-American System of Human Rights has contributed to a family system that embraces gender equality and non-heterosexual and gender non-conforming families. It argues that the system had, from its inception, an expansive idea of the family that included associations outside marriage. This was the basis for a robust development of the concepts of equality and non-discrimination by the Inter-American Commission of Human Rights and the Inter-American Court of Human Rights. Although the IACtHR has only decided a handful of cases related to the non-heterosexual family, its rich case law on equality and the right to …

Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law (June 2019), Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Legal Rights Of Transgender Students In Education, Almond A. Seals, Melissa C. Gonzales

Diversity, Social Justice, and the Educational Leader

Nearly 150,000 school-aged teenagers in the United States identify as transgender, but the population continues to face harassment, bullying, and discrimination from their peers and educators. The most recent battles for bathroom access based on gender identity has led to significant policy debates nationally and statewide. It is critical for school leaders to promote an all-inclusive and safe school environment to help improve the academic experience for transgender students. The purpose of this paper is to outline the current anti-discrimination federal and state laws that protect against sex and gender identity harassment in school, including Title IX, Equal Access Act, …

Indigenous Women's Bodies: Primer Territorio De Defensa, Ana Gabriela Avalos Tizol

Master's Theses

The teen pregnancy “epidemic” in Guatemala is a focal point when international and national NGOs demand that the government protect the civil and political rights of girls. In accordance, the state created laws (legal age for marriage - Ordinance 13-2017), implemented penal codes (statutory rape - Article 173) and created Programa Vida (conditional cash transfer of Q. 1,500 - $200 every two months) to address this ‘epidemic.’ Yet, only sixty-one teen mothers were involved in the program by the first year in 2018, indicating its inaccessibility. This thesis proposes to challenge the dominant narrative on teenage pregnancies, which blames “Mayan …

A Second Opinion: Can Windsor V. United States Survive President Trump’S Supreme Court?, Artem M. Joukov

Journal of Law and Policy

This Article examines President Donald Trump’s recent recomposition of the United States Supreme Court and the potential effects on Windsor v. United States and its progeny. The Article considers whether the shifting balance of the Court may lead to reconsideration of Windsor, particularly via attempted exploits of the weaknesses in the standard of review applied to reach the decision. The Article will conclude that while revolutionary, Windsor lacked the doctrinal clarity of its offspring, Obergefell v. Hodges, and therefore may be at greatest risk of reversal by the increasingly conservative Court. In particular, the Court may rely on the conflict …

Verbal Hate Crimes In The Workplace: The Effect Of Mental And Emotional Injury Of The Lgbt Community On The Commerce Clause, Elizabeth Olsen

Journal of Law and Policy

Mental and emotional abuse, particularly of the LGBT community in the workplace, is not a new phenomenon; however, it is one that is detrimental to both workers and companies, and is becoming increasingly prevalent as more workers are openly identifying as members of the LGBT community. The Hate Crimes Prevention Act should be amended to prevent verbal violence against protected characteristics in the workplace specifically, as workplace verbal abuse has as a significant an impact on companies and businesses, and, in turn, interstate commerce and the Commerce Clause.

Arbitration In Internal Dispute Resolution Programs: The Scarlet Letter “A” In Sexual Harassment Claims, Sarah Sachs

Pepperdine Dispute Resolution Law Journal

This Comment evaluates the use of arbitration and mediation as effective alternative dispute resolution mechanisms for resolving workplace sexual harassment claims. Part II discusses the legal development of sexual harassment claims in the workplace. Part III evaluates companies who use internal dispute resolution programs with mediation and arbitration to resolve workplace harassment claims. Finally, Part IV analyzes the advantages and disadvantages of companies designing and implementing internal dispute resolution programs to adjudicate workplace sexual harassment claims.

Law School News: 'Hate And Bigotry Have No Place In America' April 18, 2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

2nd Annual Stonewall Lecture 04-16-2019, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

The Case Of The Religious Gay Blood Donor, Brian Soucek

William & Mary Law Review

The Food and Drug Administration (FDA) prohibits sexually active gay men from donating blood. This Article envisions an original legal challenge to that rule: not the predictable equal protection suit, but a religious freedom claim brought by a gay man who wants to give blood as an act of charity. Because the FDA’s regulations substantially burden his exercise of religion—requiring a year of celibacy as its price—the FDA would be forced to show that its policy is the least restrictive means of preventing HIV transmission through the blood supply. Developments in testing technology and the experience of other countries suggest …

There's Nothing Rational About It: Heightened Scrutiny For Sexual Orientation Is Long Overdue, Daniel J. Galvin Jr.

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

In this Article, I argue that sexual orientation meets the burden established by Supreme Court jurisprudence for suspect classification and, therefore, should receive heightened scrutiny under Fourteenth Amendment equal protection analysis. After decades of using the fundamental rights analysis to aid lesbian, gay, and bisexual individuals in their pursuit of equality, addressing the fundamental right to marry and the fundamental right to privacy, the Supreme Court must address the elephant in the courtroom: that sexual orientation meets all of the factors set by the Court in equal protection cases for suspect classification.

Gays, lesbians, and bisexual individuals (LGBs) meet the …

Migrating Marriage Equality Without Feminism: Obergefell V. Hodges And The Legalization Of Same-Sex Marriage In Taiwan, Chao-Ju Chen

Cornell International Law Journal

In 2017, Taiwan’s Constitutional Court issued a decision ruling the same-sex marriage ban unconstitutional. Celebrated as a victory for marriage equality readying Taiwan to become “the first in Asia” to legalize same-sex marriage, the decision’s reasoning demonstrated a remarkable resemblance to Obergefell v. Hodges in that they both embrace formal equality, endorse marital supremacy, and render feminist critique of marriage irrelevant or insignificant. Through an investigation of social movement dynamics and constitutional politics, this Article explores the hidden histories of marriage equality and the rise of marital supremacy, revealing how marriage equality has served as a site of contestation where …

Now, I'M Liberal, But To A Degree: An Essay On Debating Religious Liberty And Discrimination, Francis J. Beckwith

Cleveland State Law Review

This essay is a critical analysis of the book authored by John Corvino, Sherif Girgis, and Ryan T. Anderson, Debating Religious Liberty and Discrimination. The book offers two contrary views on how best to think about some of the conflicts that have arisen over religious liberty and anti-discrimination laws, e.g., Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n, 138 S. Ct. 1719 (2018). One position is defended by Corvino, and the other by Girgis and Anderson. After a brief discussion of the differing views of religious liberty throughout American history (including the American founding), this essay summarizes each …

"I Assumed Chicago Would Be In The Forefront": Comments On The Movement To End Prostitution With Survivor-Leader Brenda Myers-Powell, Jody Raphael

Dignity: A Journal of Analysis of Exploitation and Violence

For many years in the 2000’s, researcher Jody Raphael, teamed with prostitution-survivor Brenda Myers-Powell, undertook a myriad of speaking engagements in the Chicago metropolitan area, intended to raise awareness of the violence and coercion in the sex trade industry. Ten years ago, they were asked to make a video of their presentation. Recently, Dignity editors came across the video and asked for an update on the conversation. This piece is the result.

Straight Actors In Lgbt Roles: Creative Casting Or Employment Discrimination?, Erica Ruff

Cardozo Journal of Equal Rights & Social Justice

The note examines the trend of casting straight actors in LGBT roles, termed "gay face," and explores its implications as a form of employment discrimination. It argues that this practice limits opportunities for LGBT actors and discusses the legal challenges in addressing this issue under Title VII of the Civil Rights Act of 1964, which does not explicitly cover sexual orientation. The note highlights the tension between anti-discrimination laws and First Amendment protections for artistic expression, noting that courts often favor the latter.

Sexual Ageplay In Virtual Reality: Practicing Free Speech Or Producing Child Pornography?, Lillian Esposito

Cardozo Law Review

A man's thoughts are his own; he may sit in his armchair and think salacious thoughts, murderous thoughts, discriminatory thoughts, whatever thoughts he chooses, free from the "thought police." It is only when the man gets out of his armchair and acts upon his thoughts that the law may intervene

In my ignorance, I have to accept the possibility that if we had to decide today just what the First Amendment should mean in cyberspace, we would get it fundamentally wrong.

More Color More Pride: Addressing Structural Barriers To Interracial Lgbtq Loving, Praatika Prasad

Fordham Law Review Online

Through an examination of State-supported racial structures, this Essay illustrates that even after the legalization of interracial and same-sex marriages, the State’s control over housing, education, and employment prospects impedes the formation of interracial LGBTQ relationships. This Essay suggests that reducing residential segregation can be a first step in dismantling structural barriers to interracial LGBTQ loving, as truly integrated housing would increase cross-racial contact, lead to better educational and employment outcomes, and give LGBTQ people of color a chance to improve their social capital. This, together with altering how issues of race are framed within the LGBTQ community, will help …

Split Over Sex: Federal Circuits And Executive Agencies Split Over Sexual Orientation Discrimination Under Title Vii, Darria Turner

Catholic University Law Review

Title VII of the Civil Rights Act of 1964 expressly prohibits employment discrimination on the basis of an individual’s sex. Since its enactment, neither Congress nor the Supreme Court has definitively stated whether sex discrimination based on sexual orientation is protected under Title VII. Though the judicial interpretation of sex has evolved, courts have routinely held that the protections of Title VII do not extend to claims based on sexual orientation discrimination. As three circuits faced these claims, a split was created in the circuits as well as in the two agencies tasked with the enforcement of Title VII. This …

Respect Existence Or Expect Resistance: Fundraising For Trans Law Center, Lara Martz, Sage Kramer-Urner

Student Engagement Posters

Lara Martz and Sage Kramer-Urner discuss student engagement at Linfield College with regard to a fundraising campaign to benefit the Trans Law Center.

Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson

2019 Symposium

As a complex, diverse and dynamic region with diverging, constantly changing constitutional and jurisprudential contexts as well as lasting legacies of patriarchy, South Asia’s traditions of public interest litigation are one of the most well-studied institutions by Western audiences due to their contradictory progressive and innovative nature. Particularly in India, where public interest litigation gives ordinary citizens extraordinary access to the highest courts of justice, questions have been raised as to the effectiveness of public interest litigation as a tool to address gender disparities across the region. Although Supreme Court justices have been a key ally in eliminating legal barriers …

Filling The Sex Trade Swamp: Robert Kraft And His Predecessors, Janice G. Raymond

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.