Social and Behavioral Sciences Commons^™

Thinly Rooted: Dobbs, Tradition, And Reproductive Justice, Darren L. Hutchinson

Faculty Articles

In Dobbs v. Jackson Women’s Health Organization, the Supreme Court overruled Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. These two cases held that the Due Process Clause of the Fourteenth Amendment encompassed a right of women to terminate a pregnancy. Roe reflected over 60 years of substantive due process precedent finding and reaffirming a constitutional right of privacy with several animating themes, including bodily integrity, equality, and dignity. The Court’s substantive due process doctrine had established that the analysis in such cases would involve multiple points of inquiry, such as tradition, contemporary practices, and …

Sexual Politics And Social Change, Darren L. Hutchinson

Faculty Articles

The Article examines the impact of social movement activity upon the advancement of GLBT rights. It analyzes the state and local strategy that GLBT social movements utilized to alter the legal status of sexual orientation and sexuality following the Supreme Court's ruling in Bowers v. Hardwick. Successful advocacy before state and local courts, human rights commissions, and legislatures fundamentally shifted public opinion and laws regarding sexual orientation and sexuality between Bowers and the Supreme Court's ruling in Lawrence v. Texas. This altered landscape created the ''political opportunity" for the Lawrence ruling and made the opinion relatively "safe. "

Currently, …

Out Yet Unseen: A Racial Critique Of Gay And Lesbian Legal Theory And Political Discourse, Darren L. Hutchinson

Faculty Articles

The symbolic meaning of the phrase "tongues untied" has grown to identify a small, yet expanding, cultural, intellectual, and artistic "movement" aimed at revealing - or ending the silence around - the interactions of race, class, gender, and sexuality, what one participant in the movement described as "the transformation of silence into language and action." The work of this movement contrasts starkly with that of the "dominant" gay and lesbian culture and scholarship, where issues of racial and class subordination are neglected or rejected and where a universal gay and lesbian experience is assumed. The work of this movement highlights …