Sexuality and the Law Commons^™

Movement Legacies And Lessons - Moderator: Scott Titshaw, Suzanne Goldberg, Shannon Minter, Adelina Nicholls

Mercer Law Review Symposium

Forty years ago, civil rights legend Bayard Rustin described lessons from other civil rights movements that, at the time, seemingly could inform gay rights activists in the 1980s. More recently, Evan Wolfson, an architect of the freedom-to-marry movement, has outlined several lessons of that movement that could be applied by activists in other fields, ranging from Palestinian peacemakers to transgender rights activists. Some activists may embrace these lessons, while others may passionately reject them. This panel seeks to explore how various civil rights movements have learned and borrowed from each other over time, possibly carving out lessons for current and …

The Constitutional Law Legacy Of The Freedom-To-Marry Movement - Moderator: Gary Simson, Jon Davidson, Suzanne Goldberg, Eric J. Segall

Mercer Law Review Symposium

This panel will likely discuss the extent future viability of the Obergefell legacy in light of recent Supreme Court decisions, such as Dobbs v. Jackson Women’s Health Organization and Department of State v. Muñoz, which have retreated from both the substantive due process jurisprudence that underpinned Obergefell and the traditionally robust understanding of constitutional marriage rights. This continuing viability may rely on alternative rationales such as stare decisis, equal protection, or even religion clause principles. Panelists might also choose to discuss recent First Amendment jurisprudence as it threatens to narrow the rights of same-sex spouses.

Gary Simson is Macon …

The Family Law Legacy Of The Freedom-To-Marry Movement - Moderator: Bonnie Carlson, Jessica Feinberg, Tanya Monique Washington, Marcia A. Zug

Mercer Law Review Symposium

The freedom-to-marry movement sparked sometimes unintended reactions, including accelerated legal recognition of nonmarital partners and new, alternative legal institutions, such as domestic partnerships, civil unions, and reciprocal beneficiaries. This panel will likely explore this path and the resilience of these legal innovations for same- and different-sex couples. Obergefell and its progeny, Pavan v. Smith, have also raised family law questions that have yet to be definitively resolved, such as the constitutionality of discrimination in parentage presumptions between same- and different-sex spouses. Finally, the panel might also address possible legal recognition for polyamorous relationships, which have been discussed since Obergefell …

Welcome And Opening Remarks, Devin Joiner, Seth Lewis, Pamela Wilkins, Scott Titshaw

Mercer Law Review Symposium

No abstract provided.

Bowers, Lawrence And Obergefell: A Case-By-Case Analysis, Hailey Moran

The Downtown Review: An Interdisciplinary Journal Written and Peer-Reviewed by Mandel Honors College Students at Cleveland State University

What does Bowers v. Hardwick, Lawrence v. Texas, and Obergefell v. Hodges all have in common? Each of these Supreme Court cases chronicles the passage of time and advancement in LGBTQ+ rights in America. Not only, however, do they chronicle the rights that have been achieved for LGBTQ+ individuals, but they also chronicle the evolution of the Justices on the bench. These cases here help us understand the influences that encourage the Justice’s decision-making, whether it be the state of the law or the Court’s environment. By analyzing each case, we can understand not only how these cases were decided, …

Prosecutorial Interviewing Reform: Applying Victim-Centered Practices For Trauma-Informed Justice, Ana J. Prata

Advanced Issues in Criminal Law: Sex Offenses

No abstract provided.

Safe Sex In The Age Of Big Tech Feminism, Brenda Dvoskin, Thomas E. Kadri

Articles

Lawmakers and technology companies are regulating online sexuality in the name of feminism. Whereas libertarian ideals dominated early debates about internet governance, "safety" has become the rallying cry to regulate online activity in the age of Big Tech. Legislators across the political spectrum and companies around the world are devising interventions meant to keep people - and especially women safe from the risks of online sexuality. Through law and technology, they target everything from privacy invasions to unwanted messages to sexual deepfakes. We call this regulatory and ideological trend Big Tech feminism.

This Article interrogates the feminist strands animating Big …

The Right To "Be Whole": A Jewish Religious Liberty Argument For Gender Affirming Care For Minors, Sarah Weiner

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Breaking The Chains: Addressing Criminal Records For Sex Trafficking Survivors Through Vacatur Laws, Charlotte Kessinger

Advanced Issues in Criminal Law: Sex Offenses

No abstract provided.

Justice For All…. Except For Male Sexual Assault Victims, Samely Gierbolini Sanchez

Advanced Issues in Criminal Law: Sex Offenses

No abstract provided.

The Enforceability Of Adult Film Employment Contracts And Their Impact On The Predatory Nature Of And Unethical Practices Within The Adult Film Industry, Taylor Allen

Advanced Issues in Criminal Law: Sex Offenses

No abstract provided.

Brief Of Amici Curiae Scholars For The Advancement Of Children’S Constitutional Rights In Support Of Defendants-Appellants: Roy V. Darren Patterson Christian Academy, Catherine Smith, Tanya M. Washington, Robin Walker Sterling, Jeremiah Chin, Sara S. Hildebrand

Scholarly Articles

Amici are scholars of children and the law, education law, family law, and anti-discrimination law. Amici draw this Court’s attention to the harms that four-year-olds in the LGBT community – LGBT children and children with LGBT parents – would bear should state-funded religious schools be granted a license to discriminate against them. An exemption to the Colorado Universal Preschool Program’s equal opportunity requirement would allow plaintiffs to discriminate against these children and raise unfair barriers in their paths to a high-quality education. An exemption would also inflict dignitary, psychological, and familial harms upon an entire class of young people – …

Queer And Present Danger: Reconceiving Arkansas’S Artificial Insemination Laws To Protect Lgbtq Families, Chacey Schoeppel Wilcox

University of Arkansas at Little Rock Law Review

No abstract provided.

From Legal Grey Area To Legal Recognition: Recent Legislative Reforms Regarding Sex Work Under Employment Contracts In Belgium, Ninon Ramlot

Dispatches

ON 1ST DECEMBER 2024, the Law of 3 May 2024 portant des dispositions en matière du travail du sexe sous contrat de travail [laying down provisions on sex work under an employment contract] entered into force in Belgium.1 This piece of legislation establishes a strict legal framework for an employer to lawfully employ sex workers, without this being condemned under the criminal offence of procuring, as well as creating an employee status tailored to sex workers. This Act is another building block in the broader process undertaken over the last few years to resolve the legal inconsistency surrounding sex work …

The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun

Seattle University Law Review

This author addresses the significant gap in Hawaiʻi’s anti-discrimination laws, specifically the lack of explicit protections for LGBTQ+ individuals against credit and lending discrimination. Although federal laws like the Equal Credit Opportunity Act (ECOA) and recent interpretations by the Consumer Financial Protection Bureau (CFPB) extend some protections, they remain vulnerable to shifting federal priorities and interpretations. The author explores how other states, particularly California and Washington, have enacted robust statutory protections that clearly prohibit credit discrimination based on sexual orientation and gender identity. They argue that Hawaiʻi, despite its large LGBTQ+ population, must amend its credit protection laws to reflect …

Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay

Seattle University Law Review

In this keynote address, Riddhi Mukhopadhyay challenges the veneration of the U.S. Constitution by highlighting its origins in exclusion and its continued failure to protect marginalized communities. Drawing from her experience in civil legal aid and gender justice, she argues that the Constitution was drafted to consolidate power among white, wealthy men and continues to reflect that legacy through racial, gender, and class-based inequities. While acknowledging the significance of constitutional amendments and landmark cases, Mukhopadhyay emphasizes that meaningful change has always come from community-led action, not top-down reform. Additionally, Mukhopadhyay calls on lawyers and legal advocates to center community, practice …

The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker

Seattle University Law Review

Transracial adoption in the United States reflects a deeply rooted history of colonialism, cultural assimilation, and racial hierarchy, masked by rhetoric focused on the “best interest of the child.” The author critiques that rhetoric and traces how adoption practices and policies, both domestic and international, have evolved to reinforce systemic inequities. Through historical analysis of the forced adoption of Native American, Black, and Asian children, it reveals how the best interest standard has been wielded not to protect children but to uphold political and racial ideologies. The author argues that the prevailing adoption framework relies on child-saving and color-blind narratives …

A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood

Seattle University Law Review

Black American advocates for civil, political, and economic rights have long taken an internationalist approach and fostered connections with international organizations and transnational movements. This engagement has also been a generative force and played role in shaping international law. Beginning in the early years of the twentieth century, Black intellectuals and leaders, spearheaded by the NAACP and the UNIA, focused on human rights as a means for addressing and repairing the harms wrought by slavery, Jim Crow, and racism. From the Paris Peace Conference of 1919 through the Universal Declaration of Human Rights, the Genocide Convention, and the drafting of …

Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer

Seattle University Law Review

The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …

A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross

Seattle University Law Review

The author proposes a novel state-level exclusionary rule to reduce racial profiling and protect bodily autonomy during police encounters. The current Fourth Amendment jurisprudence fails to deter pretextual stops and frisks because the exclusionary rule often turns on officer fault and "good faith," allowing racially motivated practices to go unchecked. As federal rollbacks on diversity and data collection hinder efforts to track racial bias, the author argues for a statutory evidentiary rule that automatically excludes drug evidence found during (1) traffic stops, (2) pat-downs for weapons, and (3) consent searches, regardless of an officer’s intent or the legality of the …