Sexuality and the Law Commons^™

Slavery And The Roots Of Sexual Harassment, Adrienne D. Davis

Scholarship@WashULaw

In recent years, feminist scholars and activists have demonstrated the ways that U.S. slavery functioned as a system of gender supremacy. It entailed the dominance of men over women as well as whites over blacks. Adding the gender lens has shed immense light on the ways that sex, law, and power operated in the racially supremacist enslaving South. In recent years, this literature has emphasized the ways that slavery's sexual and racial subordination converged around the bodies of enslaved black women. One project within this literature characterizes slavery as a "sexual political economy" to make explicit the connections between its …

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.

Burdened By Proof: How The Australian Refugee Review Tribunal Has Failed Lesbian And Gay Asylum Seekers, Catherine Dauvergne, Jenni Millbank

All Faculty Publications

Our argument in this paper is that the evidentiary practices and procedures that have been developed by the Australian Refugee Review Tribunal are operating at a routinely low standard. Such practices contribute to decisions that are manifestly unfair and potentially wrong in law. Our conclusions are drawn from our detailed study of more than 300 refugee tribunal decisions made in Canada and Australia in response to asylum claims brought by lesbians and gay men.

Does The Texas Homosexual Conduct Law Violate The Fourteenth Amendment, Dale Carpenter

Faculty Journal Articles and Book Chapters

No abstract provided.

Parental Duties And The Right Of Homosexual Minors To Refuse "Reparative" Therapy, John Alan Cohan

Buffalo Women's Law Journal

No abstract provided.

Cloning And Reproductive Liberty, Francis J. Beckwith

Nevada Law Journal

No abstract provided.

Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.

Michigan Law Review

What motivated big changes in constitutional law doctrine during the twentieth century? Rarely did important constitutional doctrine or theory change because of formal amendments to the document's text, and rarer still because scholars or judges "discovered" new information about the Constitution's original meaning. Precedent and common law reasoning were the mechanisms by which changes occurred rather than their driving force. My thesis is that most twentieth century changes in the constitutional protection of individual rights were driven by or in response to the great identity-based social movements ("IBSMs") of the twentieth century. Race, sex, and sexual orientation were markers of …

Digitized Pornography Meets The First Amendment, Eric M. Freedman

Cardozo Law Review

No abstract provided.

Lesbians, Gay Men, And The Canadian Charter Of Rights And Freedoms, Brenda Cossman

Osgoode Hall Law Journal

The legacy of the first twenty years of the Charter for lesbians and gay men is a contradictory one of victories and defeats. At the level of doctrine, strategy, and politics, both the victories and defeats have been precarious and contradictory. While gaining formal equality rights, lesbians and gay men have not been able to secure rights to sexual freedom. And while formal equality has displaced the heteronormativity that denied legal recognition and subjectivity to lesbians and gay men, this formal equality has come at a cost. Lesbians and gay men are being reconstituted in law: some are being newly …

Reply To Martha Nussbaum And Ian Hacking, Edward D. Stein

Articles

The essays by Martha Nussbaum and Ian Hacking both raise important issues about the some of the central themes of The Mismeasure of Desire and it is a pleasure and an honor to have such careful, significant and interdisciplinary thinkers engage my ideas. In this brief reply, I address some of their challenges.

Signs Of The Times: Dale V. Boy Scouts Of America And The Changing Meaning Of Nondiscrimination, Andrew Koppelman

Cardozo Law Review

No abstract provided.

Trends. The Political Psychology Of Illicit Sex, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the sexual behavior of Roman Catholic priests, and scandal.

Caught Between The Scylla And Charybdis: Ameliorating The Collision Course Of Sexual Orientation Anti-Discrimination Rights And Religious Free Exercise Rights In The Public Workplace, Josiah N. Drew

Brigham Young University Journal of Public Law

No abstract provided.

The Duty To Protect: Blackstone's Doctrine Of In Loco Parentis: A Lens For Viewing The Sexual Abuse Of Students, Todd A. Demitchell

Brigham Young University Education and Law Journal

No abstract provided.

Sexualized Racism/Gendered Violence: Outraging The Body Politic In The Reconstruction South, Lisa Cardyn

Michigan Law Review

From its establishment in the months following the Civil War by a motley assortment of disgruntled former rebels, the first Ku Klux Klan, like its many vigilante counterparts, employed terror to realize its invidious social and political aspirations. This terror assumed disparate shapes - from the storied nightriding of disguised bands on horseback, to cryptic threats, horrific assaults, and, not infrequently, murder. While students of Reconstruction have considered many facets of klan violence, none to date has focused exclusively on sexual violence in its historical specificity. Yet, as the work of Catherine Clinton, Laura Edwards, and Martha Hodes persuasively demonstrates, …

Anna Marie Smith On Welfare Reform And Sexual Regulation, Richard Blum

Center for LGBTQ Studies (CLAGS)

"Why is 'welfare reform' a queer issue?" That question was posed to a gathering of New York-based social services and LGBTQ advocates a couple of years ago at a meeting that launched the Queer Economic Justice Network (QEJN). Since then, QEJN has reached out to mainstream LGBTQ organizations to help them recognize the myriad ways that "welfare reform" has harmed poor queers.

Discovering And Addressing Sexual Orientation Bias In Arizona's Legal System, Amelia Craig Cramer

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Sexual Orientation Bias: The Substantive Limits Of Legal Ethics Rules, William C. Duncan

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Virginity Testing In Turkey: A Violation Of Women’S Human Rights, Chanté Lasco

Human Rights Brief

No abstract provided.

Introduction To The Symposium: Homophobia In The Halls Of Justice: Sexual Orientation Bias And Its Implications Within The Legal System, Brenda V. Smith, Pamela Bridgewater

Scholarly Articles in Law Reviews & Journals

The gay moment is unavoidable. -Andrew Kopkind

Gay activist, journalist and political commentator Andrew Kopkind made this profound observation at a critical moment in the queer rights movement, in the midst of the March on Washington, pride rallies, queer organizing and the ever strengthening movement to address the AIDS crisis within the queer community. The moment, however, meant different things to participants in the movement. Over the years, the queer or sexual liberation movement transformed itself into a much more equality-based movement with the most energy focused on securing recognition of gay marriage and equal access to the military. As …

The Sexual Regulation Dimension Of Contemporary Welfare Law: A Fifty State Overview, Anna Marie Smith

Michigan Journal of Gender & Law

In this article, Smith will attempt to demonstrate that welfare policy has become a prominent site of sexual regulation; that the rights of poor single mothers are at stake in this respect; and that given the precise structure of contemporary American welfare reform, we must pay especially close attention to the laws and regulations adopted at the state level. First, Smith will place contemporary sexual regulation-oriented welfare law in an historical context by considering its precedents in English and American public policy traditions (Part I). Using original qualitative analyses of the states' statutory codes and administrative regulations, Smith will then …

Bicentennial Man -- The New Millennium Assimilationism And The Foreigner Among Us, Lolita K. Buckner Inniss

Publications

No abstract provided.

Bad Women Deserve Equal Protection: A Look At The Constitutionality Of The Florida Prostitution Statute, Patricia Padrino

St. Thomas Law Review

Laws against prostitution are antiquated and based primarily on moral considerations. While there is moral outcry against the proliferation of prostitution, prostitutes themselves are allowed to take the blame and suffer the punishment for its practice. Although prostitution is often referred to as a victimless crime, the criminalization of prostitution certainly victimizes prostitutes. Laws criminalizing prostitution in the United States do nothing to benefit society and everything to harm prostitutes themselves. One way to attack these laws in Florida is to show that they violate the equal protection rights guaranteed by the Constitution of the United States. By approaching the …

Sexual Harassment And Disparate Impact: Should Non-Targeted Workplace Sexual Conduct Be Actionable Under Title Vii?, Kelly Cahill Timmons

Faculty Publications By Year

No abstract provided.

Reacting To Ashcroft V. Free Speech Coalition And The Burial Of The Cppa: An Argument To Regulate Digital Child Pornography Because It Incites Imminent Lawless Action, Justin Leach

Vanderbilt Journal of Entertainment & Technology Law

Part I discusses the nature and origin of digital child pornography and how child pornography has traditionally fit into First Amendment analysis. Part II discusses Congress' reaction to digital innovations in child pornography by passing the Child Pornography Prevention Act and, Part II further explains the federal appellate courts' treatment of the CPPA. Part III discusses the history and arguments made for each side in Ashcroft v. Free Speech Coalition. Part IV discusses the legal and constitutional analysis of the Supreme Court in striking down the regulations that banned digital child pornography. Finally, Part V makes an additional constitutional argument, …

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 …

Dissecting Axes Of Subordination: The Need For A Structural Analysis, Darren L. Hutchinson

Faculty Articles

This Essay addresses two important issues related to the task of unveiling and challenging the institutional nature of anti-gay bias. In Part II, this Essay explains in greater detail how a structural analysis of judicial bias can lead to a richer understanding of subordination by uncovering the subtle, hidden, and ideological roots and manifestations of oppression. Part III argues that law and sexuality scholars must conduct a multidimensional reading of judicial heterosexism- that is, in order to appreciate fully the structural dimensions of judicial bias against gay, lesbian, bisexual, and transgender individuals, we must recognize that this bias exists as …

A New Look At Sexual Harassment Under The Fair Housing Act: The Forgotten Role Of §3604(C), Robert G. Schwemm, Rigel C. Oliveri

Law Faculty Scholarly Articles

Sexual harassment in housing is a significant national problem. Although less visible than the comparable problem in employment, sexual harassment in housing may be as prevalent and probably more devastating to its victims.

Nevertheless, relatively little attention has been paid to this issue or to the law that should govern it. Indeed, the law of sexual harassment in housing developed well after and in virtual lock-step with the law of sexual harassment in employment. Thus, courts have simply interpreted the Fair Housing Act (FHA) to prohibit sexual harassment to the same degree—and only to the same degree—as it is prohibited …

The Rhetorics Of Legal Authority Constructing Authoritativeness, The “Ellen Effect,” And The Example Of Sodomy Law., Kris Franklin

Articles & Chapters

No abstract provided.

Immigration Sponsorship Rights For Gay And Lesbian Couples: Defining Partnerships, Desiree Alonso

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the passage of the Permanent Partners Immigration Act (PPIA) to address the inequality faced by same-sex couples in U.S. immigration law. It argues that the PPIA would provide a parallel system allowing same-sex partners to sponsor each other for immigration without challenging the traditional definition of marriage under the Defense of Marriage Act (DOMA). The note emphasizes the importance of recognizing same-sex partnerships to uphold the principle of family reunification and equality.