Sexuality and the Law Commons^™

Rebecca J. Cook & Simone Cusack, Gender Stereotyping: Transnational Legal Perspectives Book Review, Zanita E. Fenton

Articles

No abstract provided.

Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance, And The Persistent Problem Of Campus Peer Sexual Violence, Nancy Chi Cantalupo

Loyola University Chicago Law Journal

This Article discusses why two laws that seek to prevent and end sexual violence between students on college campuses, Title IX of the Educational Amendments of 1972 ("Title IX") and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act'), are failing to fulfill this goal and how these legal regimes can be improved to reach their objectives. It explicates how Title IX and the Clery Act ignore or exacerbate a series of "information problems" that create incentives for schools to "bury their heads in the sand" with regard to campus peer sexual violence. These …

Perry V. Schwarzenegger And The Future Of Same-Sex Marriage Law, Clifford Rosky

Utah Law Faculty Scholarship

In Perry v. Schwarzenegger, Chief Judge Vaughn Walker held that Proposition 8 — an amendment to the California Constitution that prohibits same-sex couples from marrying — violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment. To date, legal experts have claimed that although Judge Walker’s factual findings may be novel and significant, his legal analysis is familiar and not likely to have a significant impact, in this case or others. This Article argues that the common wisdom about Judge Walker’s ruling is misguided, because it overlooks novel aspects of Judge Walker’s legal analysis that have the potential …

Oscar Wilde’S Long Tail: Framing Sexual Identity In The Law, Laura I. Appleman

Maryland Law Review

No abstract provided.

Currency Of Love: Customary International Law And The Battle For Same-Sex Marriage In The United States, 14 U. Pa. J.L. & Soc. Change 53 (2011), Sonia Bychkov Green

UIC Law Open Access Faculty Scholarship

No abstract provided.

Black V. Simms: A Lost Opportunity To Benefit Children By Preserving Sibling Relationships When Same-Sex Families Dissolve, Natalie Amato

Student Articles and Papers

No abstract provided.

Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll V. Beardon, 59 Clev. St. L. Rev. 693 (2011), Julie M. Spanbauer

UIC Law Open Access Faculty Scholarship

The 1963 decision of the Supreme Court of Montana in Carroll v. Beardon occupies less than three full pages in the Pacific Reporter and involves a simple real estate transaction in which a "madam" sold a house used for prostitution to another "madam." The opinion is the last in a long line of cases which speak specifically to the issue of enforcement of facially legitimate contracts that in some manner involve or are related to prostitution. It is commonly cited in treatises and hornbooks as representative of the movement by courts toward enforcement of such contracts under the law of …

Employment, Sexual Orientation And Religious Beliefs: Do Religious Educational Institutions Have A Protected Right To Discriminate In The Selection And Discharge Of Employees?, Ralph D. Mawdsley

Law Faculty Articles and Essays

The life blood of religious educational institutions is their doctrinal statements and codes of conduct that set standards for employee and student life. The purpose of this paper is to examine the freedom of religious educational institutions to make employment decisions related to three homosexuality related areas: sexual orientation, same-sex sexual activity outside marriage, and same-sex marriage. At the core of the discussion is the basic question whether religious educational institutions have a protected right to enforce doctrinal statements or codes of conduct addressing one or more of these areas.

This paper will examine legal issues related to the ability …

You Can Only Race If You Can’T Win? The Curious Cases Of Oscar Pistorius & Caster Semenya, Shawn M. Crincoli

Scholarly Works

No abstract provided.

With Liberty And Justice For All [Families]: The Modern American Same-Sex Family, Lissette Gonzalez

St. Thomas Law Review

Evolutions in societal norms have redefined what it means to be a family in today's society. Due to the widespread shift in those who seek the aid of reproductive technologies, the number of would-be parents has greatly expanded. This great range of parenting possibilities presents novel and complicated issues in terms of legal parentage of children. In an attempt to address these novel issues, the Uniform Parentage Act was adopted in 2000, but has changed little since. Much inconsistency exists among and within the several states in determinations of legal parentage, largely in the area of same-sex couples. Adhering strictly …

Democracy, Gender Equality, And Customary Law: Constitutionalizing Internal Cultural Disruption, Susan H. Williams

Indiana Journal of Global Legal Studies

Customary law often includes gender discriminatory rules that violate women's rights under constitutional equality guarantees. Dialogic democracy theory offers valuable tools that can help a legal system both to protect customary law and to protect the equality of its women citizens. By focusing on the need for challenge and on the dialogue within the cultural community, the legal system can create incentives and conditions to support the capacity of women to shape the customary law of their own communities. This approach is necessary because legal rights for women, when imposed by the larger society, often result in backlash within minority …

Interstate Recognition Of Parent-Child Relationships: The Limits Of The State Interests Paradigm And The Role Of Due Process, Steve Sanders

Articles by Maurer Faculty

How secure are the legal relationships between gay or lesbian parents and their children when those families move from one state to another? What happens when a non-biological parent who has been legally recognized as a full parent under the laws of one state moves with her same-sex spouse and their child to a different state where public policy is unfriendly toward same-sex relationships? Or what happens when a same-sex couple adopts a child, thus becoming its full legal parents, then seeks recognition of their parental status in a different state?

In this Article I argue that the traditional doctrines …

Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance, And The Persistent Problem Of Campus Peer Sexual Violence, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

Gay Vet’S Separation Pay Claim Alive, Arthur S. Leonard

Other Publications

No abstract provided.

The Fortas Film Festival, Brian L. Frye

Studio for Law and Culture

The story of Jack Smith’s film Flaming Creatures and the “Fortas Film Festival” illustrates the dialectic of obscenity. The obscenity doctrine expresses the conventional wisdom that the First Amendment actually protects art, and protects pornography only by extension. But Flaming Creatures and the Fortas Film Festival suggest that obscenity is dialectical. The obscenity doctrine provides the thesis: art protects pornography, by justifying the protection of sexual expression. Flaming Creatures and the Fortas Film Festival provide the antithesis: pornography protects art, by normalizing sexual expression. The history of obscenity law provides the synthesis: art and pornography protect each other. In other …

America's "Dirty Little Secret": Domestic Sex Trafficking Of Minors And A Call For State Action, Caitlin Casey

Public Interest Law Reporter

No abstract provided.

In And Out Behind The Desk - In And Out Of The Country, Kimberli Morris Kelmor

Law Library Faculty Works

The author discusses her experiences as an "out" lesbian librarian, both in the United States and abroad.

"Till Death (Or Doma) Does Us Part": How Doma Imposes An Unconstitutional Classifying And Coercive Condition On Federal Funding In The Wake Of Massachusetts V. United States Department Of Health And Human Services, Erin Bender

Richmond Journal of Law and the Public Interest

This Note suggests that the Court adopt a new test that would look at a condition attached to federal funding and determine whether it is a classifying condition or a coercive condition. Under this new test, a classifying condition will be deemed constitutional unless it violates equal protection principles; a coercive condition, on the other hand, will usually implicate the unconstitutional conditions doctrine.' On July 8, 2010, in Massachusetts v. United States Department of Health and Human Services, Judge Tauro of the United States District Court for the District of Massachusetts granted Massachusetts' motion for summary judgment by determining that …

Constitutional Rights And Judicial Independence: Lessons From Iowa, Ian C. Bartrum

Scholarly Works

Iowa held its 2010 judicial retention elections in the shadow of Varnum v. Brien, the 2009 Supreme Court opinion recognizing same sex marriage. As the result of highly politicized campaign, three talented jurists lost their seats on the Court.

This commentary examines that election and offers a structural solution that might better protect constitutional rights against majoritarian intimidation.

From Closet To Court Room: Asylum As A Judicial Step Towards Full Equality Between Sexual Orientations, Rory Riley

Richmond Public Interest Law Review

Part I of this article provides a history of the federal appellate system, noting the detrimental impact circuit splits can have on the resolution of a particular legal issue. Part II sets out the history and the current state of asylum and sexual identity claims in the United States. Part III provides an analysis of when the Supreme Court has historically intervened in previous social controversies, such as segregation, interracial marriage, and gay rights in the context of substantive due process. Part IV discusses the importance of timely Supreme Court intervention in asylum sexual identity matters, particularly as issues surrounding …