Topic
LGBTQ Rights
Posts
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CommentaryVol. 103 · Iss. 2
Whose Children?
Recent debates surrounding transgender children and the rights of their parents reveal a troubling development. When addressing state restrictions on vital medical care for…
William J. Aceves -
ArticleVol. 102 · Iss. 6
Transgender Disenfranchisement
Transgender and gender variant people are excluded from formal democratic participation at the polls through a variety of legal mechanisms. Such barriers include purportedly…
Scott Skinner-Thompson -
NoteVol. 101 · Iss. 4
Fairness for All? The Implications of Adopting a Third-Gender Category in Elite Sports
On March 18, 2022, the NCAA Women’s Division I Swimming and Diving Championships garnered national attention for more than just the record-breaking swims. The…
Emily Fox -
ArticleVol. 100 · Iss. 1
The Paradox of Same-Sex Parentage Equality
Abstract There is a general scholarly consensus that the law of parental determination should conform to the principles of equality. But the precise meaning…
Noy Naaman -
ArticleVol. 99 · Iss. 6
Taxation of Unmarried Partners
Introduction Marriage plays an essential role in federal taxation. Marital status determines how you file your taxes and what rate is applied to your…
Patricia A. Cain -
ArticleVol. 99 · Iss. 6
Nonmarriage and Choice in South Africa and the United States
Introduction Should the law recognize unmarried couples as family for purposes such as joint adoption, workplace leave, property distribution upon dissolution, and intestate succession?…
Holning Lau & Suzanne A. Kim -
Online2021
What Does it Mean to Discriminate “Because of . . . Sex”?
Title VII of the Civil Rights Act of 1964 makes it illegal for employers to discriminate against their employees “because of . . .…
Cora Allen -
Online2021
Appointing Lesbian, Gay, Bisexual, Transgender and Queer Judges in the Trump Administration
President Donald Trump incessantly brags that American citizens selected him to “Make the Judiciary Great Again” and constantly reminds the public that…
Carl Tobias -
NoteVol. 93 · Iss. 6
Why Obergefell Should Not Impact Amerian Indian Tribal Marriage Laws
This Note explores what Obergefell means for members of American Indian nations, and it argues that Obergefell should not constrain tribal governments. Part I…
Steven J. Alagna -
CommentaryVol. 93 · Iss. 3
Gay Marriage and the Problem of Property
The Supreme Court’s gay marriage decision in Obergefell has been hailed in almost all corners as a milestone in American jurisprudence. From topics as…
Andrea B. Carroll & Christopher K. Odinet -
ArticleVol. 92 · Iss. 3
Gayffirmative Action: The Constitutionality of Sexual Orientation-Based Affirmative Action Policies
Twenty-five years ago, the U.S. Supreme Court established a consistency principle in its race-based equal protection cases. That principle requires courts to apply the…
Peter Nicolas -
ArticleVol. 91 · Iss. 1
Taxing Polygamy
The tax law treats married and unmarried taxpayers differently in several respects. Married persons, for example, can file and pay their taxes as a…
Samuel D. Brunson