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Articles 1561 - 1590 of 3249

Full-Text Articles in Sexuality and the Law

Equal Protection For Children Of Same-Sex Parents, Catherine E. Smith Jan 2013

Equal Protection For Children Of Same-Sex Parents, Catherine E. Smith

Scholarly Articles

Gay rights litigation and advocacy traditionally have focused on the unequal treatment of gay and lesbian individuals and couples; less attention has been dedicated explicitly to the legal rights of the children of gay and lesbian parents. This Article asserts that a child of same-sex parents denied a government benefit has a cognizable equal protection challenge—a legal claim that is separate and distinct from that of the child’s gay or lesbian parents. It is well-settled equal protection law that the government may not treat nonmarital children differently than marital children because of moral disdain for their parents’ relationship, and laws …

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Chapter 834: Clearing A Roadblock In The Battle Over Same-Sex Marriage, Sean D. O’Dowd Jan 2013

Chapter 834: Clearing A Roadblock In The Battle Over Same-Sex Marriage, Sean D. O’Dowd

McGeorge Law Review

No abstract provided.

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Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine Jan 2013

Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine

McGeorge Law Review

No abstract provided.

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Severe Or Pervasive: An Analysis Of Who, What, And Where Matters When Determining Sexual Harassment, V. Blair Druhan Jan 2013

Severe Or Pervasive: An Analysis Of Who, What, And Where Matters When Determining Sexual Harassment, V. Blair Druhan

Vanderbilt Law Review

In the middle of Herman Cain's campaign for the 2012 U.S. Republican Party presidential nomination, multiple women who were once Cain's coworkers came forward with allegations of sexual harassment. Cain immediately deemed the allegations "totally baseless and totally false."' However, after continued questioning about whether his previous actions were inappropriate, Cain responded, "In my opinion no, but as you would imagine, it's in the eye of the person who thinks that maybe I crossed the line." Unfortunately, Cain's vague and evasive response is evocative of current sexual harassment law, which generally lacks clarity and is often dependent on individual perceptions. …

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Bathroom Bias: Making The Case For Trans Rights Under Disability Law, Daniella A. Schmidt Jan 2013

Bathroom Bias: Making The Case For Trans Rights Under Disability Law, Daniella A. Schmidt

Michigan Journal of Gender & Law

Disability law is one of the more successful tools currently being used to protect trans people fom discrimination. While the use of disability law as a framework for affirming or creating trans rights has come with some success, many in the community remain reluctant to use disability law for fear of the policy implications and stigma associated with medicalization of trans identity. After exploring the current state of the law on both the federal and state level, this Note will argue how disability law both could and should be used more often to further trans protections. In particular, this Note …

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Chapter 835: “Gay Conversion Therapy” Ban: Protecting Children Or Infringing Rights?, Nick Clair Jan 2013

Chapter 835: “Gay Conversion Therapy” Ban: Protecting Children Or Infringing Rights?, Nick Clair

McGeorge Law Review

No abstract provided.

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Unbreakable Vows: Same-Sex Marriage And The Fundamental Right To Divorce, Meg Penrose Jan 2013

Unbreakable Vows: Same-Sex Marriage And The Fundamental Right To Divorce, Meg Penrose

Villanova Law Review (1956 - )

No abstract provided.

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Parent In Life, Stranger At Law: Addressing The Inequality And Inconsistency Of Parentage Rights Of Same-Sex Parents, 46 J. Marshall L. Rev. 867 (2013), Paul Coogan Jan 2013

Parent In Life, Stranger At Law: Addressing The Inequality And Inconsistency Of Parentage Rights Of Same-Sex Parents, 46 J. Marshall L. Rev. 867 (2013), Paul Coogan

UIC Law Review

No abstract provided.

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Modernizing State Vital Statistics Statutes And Policies To Ensure Accurate Gender Markers On Birth Certificates: A Good Government Approach To Recognizing The Lives Of Transgender People, Lisa Mottet Jan 2013

Modernizing State Vital Statistics Statutes And Policies To Ensure Accurate Gender Markers On Birth Certificates: A Good Government Approach To Recognizing The Lives Of Transgender People, Lisa Mottet

Michigan Journal of Gender & Law

Across the country, laws governing corrections to gender markers on birth certificates are relatively uniform, in large part because many states adopted the relevant provisions of the 1977 revision of the Model State Vital Statistics Act (MSVSA). The MSVSA, developed by the U.S. Department of Health and Human Services, guides states on the most efficient laws and procedures related to maintaining accurate birth, death, and other vital records at the state, local, and territorial level. At the time when the government promulgated the MSVSA provision related to gender corrections, it served as a forward-thinking model because it acknowledged that vital …

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Gender Dysphoria In The Jailhouse: A Constitutional Right To Hormone Therapy?, Susan S. Bendlin Jan 2013

Gender Dysphoria In The Jailhouse: A Constitutional Right To Hormone Therapy?, Susan S. Bendlin

Cleveland State Law Review

United States Army Private Bradley Manning made headlines in the fall of 2013 when he was convicted of espionage, fraud, and theft for divulging classified military and diplomatic information to WikiLeaks. After the twenty-five year old was sentenced to thirty-five years in military prison, he made instantly made headlines again by announcing that he wanted to live as a woman in prison. Divulging that he has Gender Identity Disorder, Manning said that he had suffered for years in the wrong body and that he would henceforth be recognized as a female, Chelsea Manning. The Army, however, has stated that it …

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Perspectives On Crimes Of Sexual Violence In International Law, Susana Sacouto Jan 2013

Perspectives On Crimes Of Sexual Violence In International Law, Susana Sacouto

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Sexual and gender-based violence (SGBV) during conflict and periods of repression has been a problem in every region of the globe.' Historically, these crimes were rarely prosecuted, particularly when government leaders were responsible for tolerating, encouraging, or orchestrating these crimes. However, the last two decades have seen an incredible transformation in the treatment of SGBV under international law. Great strides have been made in the investigation and prosecution of sexual and gender-based crimes, particular by the ad hoc International Criminal Tribunals for the Former Yugoslavia and Rwanda, and the Special Court for Sierra Leone This essay examines the way …

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Outing The Majority: Gay Rights, Public Debate, And Polarization After Doe V. Reed, Marc Allen Jan 2013

Outing The Majority: Gay Rights, Public Debate, And Polarization After Doe V. Reed, Marc Allen

Michigan Journal of Gender & Law

In 2010, the United States Supreme Court ruled in Doe v. Reed that Washington citizens who signed a petition to eliminate legal rights for LGBT couples did not have a right to keep their names secret. A year later, in ProtectMarriage.com v. Bowen, a district court in California partially relied on Reed to reject a similar request from groups who lobbied for California Proposition 8-a constitutional amendment that overturned the California Supreme Court's landmark 2008 gay marriage decision. These holdings are important to election law, feminist, and first amendment scholars for a number of reasons. First, they flip the traditional …

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The Virtue Of Obscurity, Colin Starger Jan 2013

The Virtue Of Obscurity, Colin Starger

All Faculty Scholarship

The critics have panned Justice Kennedy’s majority opinion in United States v. Windsor. Supporters and opponents of same-sex marriage have together bemoaned what may be called Kennedy’s “doctrinal obscurity” in Windsor. Doctrinal obscurity describes the opinion’s failure to justify striking down Section 3 of the Defense of Marriage Act (DOMA) using any discernable accepted test for substantive due process or equal protection. Specifically, Kennedy does not ask whether DOMA burdens a right “deeply rooted in this Nation’s history and tradition,” nor does he identify sexual orientation as a suspect or semi-suspect classification, nor does he subject DOMA to explicit rational …

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No Promo Hetero: Children's Right To Be Queer, Clifford Rosky Jan 2013

No Promo Hetero: Children's Right To Be Queer, Clifford Rosky

Utah Law Faculty Scholarship

This Article argues that the government has no legitimate interest in promoting heterosexuality or gender conformity during childhood. Although opponents of LGBT rights have longed cited this goal as one of the primary justifications for discrimination against LGBT people, it has no constitutional foundation upon which to stand. Building upon a familiar schema of legal scholarship on LGBT rights, this Article challenges the state’s interest in promoting heterosexuality by articulating a tripartite defense of children’s speech, status, and conduct. It argues that these three aspects of homosexuality are connected to and protected by three constitutional clauses — the First Amendment, …

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Knowledge Of Juvenile Sex Offender Registration Laws As A Predictor Of Adolescent Sexual Behavior, Cynthia J. Najdowski, Margaret C. Stevenson, Tisha Ra Wiley Jan 2013

Knowledge Of Juvenile Sex Offender Registration Laws As A Predictor Of Adolescent Sexual Behavior, Cynthia J. Najdowski, Margaret C. Stevenson, Tisha Ra Wiley

Psychology Faculty Scholarship

Because juveniles can now be registered as sex offenders, we conducted a pilot study to investigate awareness of these policies and sexual behavior histories in a convenience sample of 53 young adults (ages 18 to 23, 79% women). These preliminary data revealed that 42% percent of participants were unaware that youth under the age of 18 can be registered as sex offenders, and when informed that they can be, participants were unaware of the breadth of adolescent sexual behavior that warrants registration. Furthermore, those unaware of juvenile registration policies, compared to those who were aware, were marginally more likely to …

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“It’S A Kākou Thing”: The Dadt Repeal And A New Vocabulary Of Anti-Subordination, 3 U.C. Irvine L. Rev. 905 (2013), Kim D. Chanbonpin Jan 2013

“It’S A Kākou Thing”: The Dadt Repeal And A New Vocabulary Of Anti-Subordination, 3 U.C. Irvine L. Rev. 905 (2013), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

The repeal of DADT represents the triumph of non-discrimination rhetoric, while the MLDC's report stands for a renewed effort to expand the military's affirmative action policies for the benefit of people of color and women: two historically subordinated groups in the U.S. military. The repeal of DADT may have purchased equality for LGB service members, but at a premium. The strategic decision to rally around the non-discrimination model, I argue in this Article, will reinforce the continued subordination of LGB service members. As an alternative, I propose the application of kakou principles to military policies and programs for integrating LGB …

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Save Our Children: Overcoming The Narrative That Gays And Lesbians Are Harmful To Children, 21 Duke J. Gender L. & Pol'y 125 (2013), Anthony Niedwiecki Jan 2013

Save Our Children: Overcoming The Narrative That Gays And Lesbians Are Harmful To Children, 21 Duke J. Gender L. & Pol'y 125 (2013), Anthony Niedwiecki

UIC Law Open Access Faculty Scholarship

This paper focuses on how gay rights activists had no real choice but to use the court system to advance marriage rights for same-sex couples because they were unable to use the political process to effectively rebut the claim that gays and lesbians were harmful to children. Part I begins with an overview of the ways in which the initiative process has been used to limit gay rights and prevent marriage equality. It then details how, in contrast to the political process, courts have been more receptive to advancing marriage rights for same-sex couples. Part II details Walter Fisher's narrative …

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Windsor Products: Equal Protection From Animus, Dale Carpenter Jan 2013

Windsor Products: Equal Protection From Animus, Dale Carpenter

Faculty Journal Articles and Book Chapters

The Supreme Court's opinion in United States v. Windsor has puzzled commentators, who have tended to overlook or dismiss its ultimate conclusion that the Defense of Marriage Act was unconstitutional because it arose from animus. What we have in Justice Kennedy’s opinion is Windsor Products — an outpouring of decades of constitutional development whose fountainhead is Carolene Products and whose tributaries are the gay-rights and federalism streams. This paper presents the constitutional anti-animus principle, including what constitutes animus, why it offends the Constitution, and how the Supreme Court determines it is present. The paper also discusses why the Court was …

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Identities Cubed: Perspectives On Multidimensional Masculinities Theory, Ann C. Mcginley, Frank Rudy Cooper Jan 2013

Identities Cubed: Perspectives On Multidimensional Masculinities Theory, Ann C. Mcginley, Frank Rudy Cooper

Nevada Law Journal

No abstract provided.

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Sperm, Testosterone, Masculinities And Fatherhood, Nancy E. Dowd Jan 2013

Sperm, Testosterone, Masculinities And Fatherhood, Nancy E. Dowd

Nevada Law Journal

No abstract provided.

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Feminism, Masculinities, And Multiple Identities, Martha Albertson Fineman Jan 2013

Feminism, Masculinities, And Multiple Identities, Martha Albertson Fineman

Nevada Law Journal

No abstract provided.

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Wrestling With Gender: Constructing Masculinity By Refusing To Wrestle Women, Deborah L. Brake Jan 2013

Wrestling With Gender: Constructing Masculinity By Refusing To Wrestle Women, Deborah L. Brake

Nevada Law Journal

No abstract provided.

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From Peer-To-Peer Networks To Cloud Computing: How Technology Is Redefining Child Pornography Laws, Audrey Rogers Jan 2013

From Peer-To-Peer Networks To Cloud Computing: How Technology Is Redefining Child Pornography Laws, Audrey Rogers

Elisabeth Haub School of Law Faculty Publications

This Article traces the history of the child pornography laws and sentencing policy in Part I. Part II explains the technologies that have caused some of the current controversies, and then Part III describes how these technologies have blurred the offenses. Finally, Part IV makes suggestions as to how the law could better reflect technology and comport with a refined harm rationale. Courts, legal scholars, and medical experts have explained the harm includes the sexual abuse captured in the images and the psychological injury the victim endures knowing the images are being viewed. This Article further develops the harm rationale …

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The Tools Of Political Dissent: A First Amendment Guide To Fun Registries, Thomas E. Kadri Jan 2013

The Tools Of Political Dissent: A First Amendment Guide To Fun Registries, Thomas E. Kadri

Articles

No abstract provided.

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Western Universalism And African Homosexualties, Nicholas Kahn-Fogel Jan 2013

Western Universalism And African Homosexualties, Nicholas Kahn-Fogel

Law Faculty Scholarship

This article draws on original historical research, queer theory, communitarian philosophy, and an array of anthropological sources to suggest that efforts by Western liberals to protect practitioners of same-sex intimate conduct in Africa may be relatively unsuccessful and could further endanger the intended beneficiaries of advocacy.

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Strange Traffic: Sex, Slavery & The Freedom Principle, Anders Walker Jan 2013

Strange Traffic: Sex, Slavery & The Freedom Principle, Anders Walker

All Faculty Scholarship

This article uses the recent prosecution of a sex trafficking case in rural Missouri to argue three points. One, the federal law of trafficking is currently being used in unanticipated ways, including the apprehension of individuals who pay for sex. Two, trafficking invites creative use precisely because it provides prosecutors with a more salient justification for punishment than either legal moralism or harm; a rhetorical plea to anti-slavery that enjoys a longstanding but under-theorized role in criminal law rhetoric. Three, anti-slavery’s recurrence in criminal law rhetoric underscores a larger doctrinal point, namely that H.L.A. Hart’s version of the harm principle …

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U.S. Global Aids Funding And Its Discontents: Why The Supreme Court Must Strike Down The Anti-Prostitution Pledge, Chi Adanna Mgbako Jan 2013

U.S. Global Aids Funding And Its Discontents: Why The Supreme Court Must Strike Down The Anti-Prostitution Pledge, Chi Adanna Mgbako

Faculty Scholarship

This op-ed recommends that the U.S. Supreme Court strike down the "anti-prostitution pledge," a Congressional requirement forcing organizations receiving U.S. global AIDS funding to adopt policies "opposing prostitution and sex trafficking."

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Supreme Court Nixes Requirement For Anti-Prostitution Pledge, Arthur S. Leonard Jan 2013

Supreme Court Nixes Requirement For Anti-Prostitution Pledge, Arthur S. Leonard

Other Publications

No abstract provided.

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Western Universalism And African Homosexualties, Nicholas A. Kahn-Fogel Jan 2013

Western Universalism And African Homosexualties, Nicholas A. Kahn-Fogel

Faculty Scholarly Works

This article draws on original historical research, queer theory, communitarian philosophy, and an array of anthropological sources to suggest that efforts by Western liberals to protect practitioners of same-sex intimate conduct in Africa may be relatively unsuccessful and could further endanger the intended beneficiaries of advocacy.

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The Sex Selection Debate: A Comparative Study Of Sex Selection Laws In The United States And The United Kingdom, Deidre C. Webb Jan 2013

The Sex Selection Debate: A Comparative Study Of Sex Selection Laws In The United States And The United Kingdom, Deidre C. Webb

South Carolina Journal of International Law and Business

No abstract provided.

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