Class Action, Spring/Summer 2004
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No Promo Hetero: Children’S Right to Be Queer
ROSKY.35.2 (Do Not Delete) 12/17/2013 9:45 AM NO PROMO HETERO: CHILDREN’S RIGHT TO BE QUEER Clifford J. Rosky† This Article argues that the state has no legitimate interest in promoting heterosexuality or gender conformity during childhood. Although opponents of LGBT rights have longed cited this goal as one of the primary justifications for discrimination against LGBT people, it has no constitutional foundation upon which to stand. Building upon a schema familiar to legal scholarship on LGBT rights, this Article challenges the state’s interest in promoting heterosexuality in childhood by articulating a tripartite defense of children’s homosexual speech, status, and conduct. It argues that these three aspects of children’s homosexuality are connected to and protected by the Constitution’s free speech, equal protection, and due process guarantees. When the state attempts to justify policy by claiming that promoting heterosexuality in childhood is a legitimate state interest, it violates at least one if not all of these guarantees. When the policy targets children’s homosexual speech, it is a form of viewpoint discrimination that violates the free speech protections of the First and Fourteenth Amendments. When the policy targets children’s homosexual status, it is a form of animus against lesbian, gay, and bisexual people that violates the equal protection guarantees of the Fifth and Fourteenth Amendments. When the policy targets children’s homosexual relationships, it is a form of moral disapproval of homosexual conduct that violates the due process protections of the Fifth and Fourteenth Amendments. Taken together, these constitutional guarantees require the state to maintain a neutral stance with respect to the sexual orientation of children’s speech, status, and † Associate Professor of Law, University of Utah S.J. -
The Story of in Re Marriage Cases (2010), Available At
Santa Clara Law Santa Clara Law Digital Commons Faculty Publications Faculty Scholarship 6-1-2010 Six Cases in Search of a Decision: The tS ory of In re Marriage Cases Jean C. Love Santa Clara University School of Law, [email protected] Patricia A. Cain Santa Clara University School of Law, [email protected] Follow this and additional works at: http://digitalcommons.law.scu.edu/facpubs Part of the Law Commons Automated Citation Jean C. Love and Patricia A. Cain, Six Cases in Search of a Decision: The Story of In re Marriage Cases (2010), Available at: http://digitalcommons.law.scu.edu/facpubs/617 This Book Chapter is brought to you for free and open access by the Faculty Scholarship at Santa Clara Law Digital Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. Six Cases in Search of a Decision: The Story of In re Marriage Cases Patricia A. Cain and Jean C. Love ―Whatever is a reality today, whatever you touch and believe in and that seems real for you today, is going to be — like the reality of yesterday — an illusion tomorrow.‖1 On May 15, 2008, the Supreme Court of California handed down its decision in the much awaited litigation officially known as In re Marriage Cases.2 The case was actually a consolidation of six individual cases, all raising the same issue: Is denial of marriage to same-sex couples valid under the California Constitution? These six cases, as with Pirandello‘s six characters in search of an author, took center stage for a time, not in a real theater, but rather in the evolving drama over extending equal marriage rights to gay men and lesbians. -
NCLR Fights Three Decades of Anti-Gay Harassment at Penn State
NATIONAL CENTER FOR LESBIAN RIGHTS 29TH ANNIVERSARY GALA DINNER DANCE MOSCONE CENTER WEST, SAN FRANCISCO NEWSLETTER National Center for Lesbian Rights WINTER 2005 NCLR Fights Three TABLES & TICKETS GO ON SALE IN JANUARY INSIDE: TABLES: $2,150 | $2,500 | $5,000 | $10,000 TICKETS: $215 Decades of Anti-Gay NCLR’s Family Victories Page 3 Harassment at Penn State “No Alcohol, No Drugs, No Lesbians” – Penn State Coach Rene Portland to the Chicago Sun Times, 1986 2005 Gala: Thousands of guests fill Moscone Glenn Close, Grethe Cammermeyer and Kate Kendell Lena Ayoub and asylum clients Guinevere Turner and Jenni Olson College basketball coaches would be hard pressed “for Penn State to find a more desirable recruit than Jennifer Harris. to step up and put a stop to this Dazzling Gala Marks 28 Years of NCLR Excellence She graduated in 2003 from her Harrisburg, overtly illegal Pennsylvania high school as its leading scorer and activity once It was the hottest ticket in town and one of the Bay Area’s most more transformative, or more important. As we beat back the forces most highly decorated basketball player ever. A four and for all.” important nights of the year. On May 14, 2005, bolstered by a that would deny us liberty,” she continued, “we have a vision, and it is year National Honor-Society and President’s Doering sell-out crowd of 2,400 strong, The National Center for Lesbian nothing less than full dignity, protection and security for our lives and Academic Award recipient, the 6-foot guard was also explained that Rights celebrated 28 years of pivotal and precedent-setting legal our relationships.” named a McDonald’s, WBCA, Nike, USA Today the complaint to milestones for the entire LGBT community. -
National Center for Lesbian Rights
NEWSLETTER National Center for Lesbian Rights FALL 2004 NCLR Marriage Clients Denied at the Altar Jeanne Rizzo, one of NCLR’s clients, shares first- society,” Corey said, “I have received too often that in California person perspectives about why she and others are message of exclusion or of judgment by others to be involved in NCLR’s lawsuit seeking marriage equality ‘less than’ when they don’t know me at all.” That in California. his government is sanctioning this discrimination After a relentless busy signal we finally got an only makes it worse. He planned to pick up wed- appointment: March 11th at 3 p.m. For the next ding rings on the afternoon of March 11th in antici- two weeks, Pali, the love of my life for the last 15 pation of his marriage to Andre on the 17th. But years, and I planned our wedding celebration. On their plans were shattered by the California March 11th at 2:45 we were standing in line as the Supreme Court’s order. Corey immediately thought sign went up: “By order of the State of California, of a banner in the schools where he works: “Is this the City of San Francisco can no longer issue mar- good enough for your child?” Would you, he asks, riage licenses to same-sex couples.” Pali and I were accept this kind of limit on the lives of your chil- Jeanne Rizzo & Pali Cooper denied, literally at the altar. The look on my son dren? Christopher’s face reflected back to us the pain of Lancy Woo and Cristy Chung do not accept that being separated from our civil rights. -
Program Agenda Total CLE Credit
2019 TLI: TRANS LEGAL ADVOCACY AT A CROSSROADS Program Agenda ● 9-9:15 Check-in & Welcome Remarks ● 9:15 -10:45 StoneWall at 50: Trans Advocacy Across the Generations (1.5 CLE Credit Hours) ● 11-12:30 Fighting for Our Lives: What the Trans Military Ban Means for the Broader Trans Rights Movement (1.5 CLE Credit Hours) ● 12:30 - 1:30 Lunch ● 1:30-2:45 Trans Name & Gender Changes 2.0 (Joint FLI/TLI Panel) (1.5 CLE Credit Hours) ● 3:00-4:15 Intersex & Nonbinary Considerations in Law & Policy (1.5 CLE Credit Hours) ● 4:15-5:15 Breakout Sessions (1 CLE Credit Hours) ○ Dissecting a Case: Trans Legal Advocacy from Soup to Nuts ○ Making the Case for Equality under Title VII and Title IX ○ Expanding Healthcare Access for Trans and Non-Binary Individuals ● 5:15-5:30 Closing Remarks Total CLE Credit: 7 CLE Credit Hours 2019 TLI: TRANS LEGAL ADVOCACY AT A CROSSROADS Plenary Sessions (1.5 CLE Credits Each) 1. StoneWall at 50: Trans Advocacy Across the Generations (1.5 CLE credits) Description: This Plenary Discussion will examine the evolution of the trans advocacy movement over the past 50 years -- examining flashpoints for the movement, the battles that have been waged in and out of court, the victories and successes that advocates have been able to achieve, and the work that remains in securing the dignity and rights of the broader transgender community. The panelists are all notable advocates within the trans community who will contribute inter-generational perspectives as well as legal expertise. -
No Promo Hetero: Children's Right to Be Queer
SJ Quinney College of Law, University of Utah Utah Law Digital Commons Utah Law Faculty Scholarship Utah Law Scholarship 2013 No Promo Hetero: Children's Right to Be Queer Clifford Rosky Follow this and additional works at: https://dc.law.utah.edu/scholarship Part of the Constitutional Law Commons, Law and Gender Commons, and the Sexuality and the Law Commons ROSKY.35.2 (Do Not Delete) 11/25/2013 1:26 PM NO PROMO HETERO: CHILDREN’S RIGHT TO BE QUEER Clifford J. Rosky† This Article argues that the state has no legitimate interest in promoting heterosexuality or gender conformity during childhood. Although opponents of LGBT rights have longed cited this goal as one of the primary justifications for discrimination against LGBT people, it has no constitutional foundation upon which to stand. Building upon a schema familiar to legal scholarship on LGBT rights, this Article challenges the state’s interest in promoting heterosexuality in childhood by articulating a tripartite defense of children’s homosexual speech, status, and conduct. It argues that these three aspects of children’s homosexuality are connected to and protected by the Constitution’s free speech, equal protection, and due process guarantees. When the state attempts to justify policy by claiming that promoting heterosexuality in childhood is a legitimate state interest, it violates at least one if not all of these guarantees. When the policy targets children’s homosexual speech, it is a form of viewpoint discrimination that violates the free speech protections of the First and Fourteenth Amendments. When the policy targets children’s homosexual status, it is a form of animus against lesbian, gay, and bisexual people that violates the equal protection guarantees of the Fifth and Fourteenth Amendments. -
Unprincipled Exclusions: the Struggle to Achieve Judicial and Legislative Equality for Transgender People
William & Mary Journal of Race, Gender, and Social Justice Volume 7 (2000-2001) Issue 1 William & Mary Journal of Women and the Law: Symposium: (De)Constructing Sex: Article 4 Transgenderism, Intersexuality, Gender Identity and the Law October 2000 Unprincipled Exclusions: The Struggle to Achieve Judicial and Legislative Equality for Transgender People Paisley Currah Shannon Minter Follow this and additional works at: https://scholarship.law.wm.edu/wmjowl Part of the Civil Rights and Discrimination Commons Repository Citation Paisley Currah and Shannon Minter, Unprincipled Exclusions: The Struggle to Achieve Judicial and Legislative Equality for Transgender People, 7 Wm. & Mary J. Women & L. 37 (2000), https://scholarship.law.wm.edu/wmjowl/vol7/iss1/4 Copyright c 2000 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmjowl UNPRINCIPLED EXCLUSIONS: THE STRUGGLE TO ACHIEVE JUDICIAL AND LEGISLATIVE EQUALITY FOR TRANSGENDER PEOPLE PAISLEY CURRAH AND SHANNON MINTER* ABSTRACT This Article examines recent efforts to enact civil rights statutes for transgender people in the United States. Part I provides an overview of the largely negative case law on the issue of whether transgender people are protected under existing sex, sexual orientation or disability discrimination laws. This context is provided, in part, to explain why transgender rights advocates have turned to the legislative branches of government to secure basic civil rights protections. Part II describes the initial successes that have been achieved as a result of this new focus on political activism and legislation. Part III examines the actual statutory language that has been used to protect transgender people, as well as some of the key strategic questions that have arisen in the course of drafting such legislation. -
My Father Is a Woman, Oh No!: the Failure of the Courts to Uphold Individual Substantive Due Process Rights for Transgender Pare
Golden Gate University School of Law GGU Law Digital Commons Publications Faculty Scholarship 2003 My Father is a Woman, Oh No!: The aiF lure of the Courts to Uphold Individual Substantive Due Process Rights For Transgender Parents Under the Guise of the Best Interests of the Child Helen Chang Golden Gate University School of Law, [email protected] Follow this and additional works at: http://digitalcommons.law.ggu.edu/pubs Part of the Family Law Commons, and the Human Rights Law Commons Recommended Citation 43 Santa Clara L. Rev. 649 (2003) This Article is brought to you for free and open access by the Faculty Scholarship at GGU Law Digital Commons. It has been accepted for inclusion in Publications by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. MY FATHER IS A WOMAN, OH NO!: THE FAILURE OF THE COURTS TO UPHOLD INDIVIDUAL SUBSTANTIVE DUE PROCESS RIGHTS FOR TRANS GENDER PARENTS UNDER THE GUISE OF THE BEST INTEREST OF THE CHILD Helen Y. Chang* I. INTRODUCTION My father wants me to call him" Aunt Sharon"l because he plans to become a woman.2 Is he still my "father?" Or do I now * Visiting Professor of Law and Interim Director LL.M Tax Program, Golden Gate University School of Law; J.D. Southern Methodist University 1985, B.A. Uni versity of Texas 1982. My thanks to Bernice Felicia Loui for being the inspiration behind this article and supporting me throughout this effort. My gratitude and ap preciation to Michael Zamperini whose opinions, edits, and insight were always on target. -
My Father Is a Woman, Oh No: the Failure of the Courts to Uphold
Santa Clara Law Review Volume 43 | Number 3 Article 1 1-1-2003 My Father is a Woman, Oh No: The aiF lure of the Courts to Uphold Individual Substantive Due Process Rights for Transgender Parents Under the Guise of the Best Interest of the Child Helen Y. Chang Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation Helen Y. Chang, My Father is a Woman, Oh No: The Failure of the Courts to Uphold Individual Substantive Due Process Rights for Transgender Parents Under the Guise of the Best Interest of the Child, 43 Santa Clara L. Rev. 649 (2003). Available at: http://digitalcommons.law.scu.edu/lawreview/vol43/iss3/1 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. MY FATHER IS A WOMAN, OH NO!: THE FAILURE OF THE COURTS TO UPHOLD INDIVIDUAL SUBSTANTIVE DUE PROCESS RIGHTS FOR TRANSGENDER PARENTS UNDER THE GUISE OF THE BEST INTEREST OF THE CHILD Helen Y. Chang* I. INTRODUCTION My father wants me to call him "Aunt Sharon"' because he plans to become a woman. 2 Is he still my "father?" Or do I now * Visiting Professor of Law and Interim Director LL.M Tax Program, Golden Gate University School of Law; J.D. Southern Methodist University 1985, B.A. Uni- versity of Texas 1982. -
Expanding Gender and Expanding the Law: Toward a Social and Legal Conceptualization of Gender That Is More Inclusive of Transgender People
Michigan Journal of Gender & Law Volume 11 Issue 2 2005 Expanding Gender and Expanding the Law: Toward a Social and Legal Conceptualization of Gender that is More Inclusive of Transgender People Dylan Vade Transgender Law Center Follow this and additional works at: https://repository.law.umich.edu/mjgl Part of the Civil Rights and Discrimination Commons, Law and Gender Commons, and the Sexuality and the Law Commons Recommended Citation Dylan Vade, Expanding Gender and Expanding the Law: Toward a Social and Legal Conceptualization of Gender that is More Inclusive of Transgender People, 11 MICH. J. GENDER & L. 253 (2005). Available at: https://repository.law.umich.edu/mjgl/vol11/iss2/4 This Article is brought to you for free and open access by the Journals at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of Gender & Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. EXPANDING GENDER AND EXPANDING THE LAW: TOWARD A SOCIAL AND LEGAL CONCEPTUALIZATION OF GENDER THAT IS MORE INCLUSIVE OF TRANSGENDER PEOPLE '2Dylan Vade* INTRODUCTION . 255 I. A CONCEPTUALIZATION OF GENDER THAT Is INCLUSIVE AND RESPECTFUL OF TRANSGENDER PEOPLE - 264 A. A Descriptionof TransgenderCommunities • 264 1. Gender Diversity • 265 2. Change and Fluidity • 267 3. Body Diversity • 268 4. Sexual Orientations • 270 5. Diversity of Experiences and Narratives • 271 B. A Non-Linear View of Gender-The Gender Galaxy 273 1. Each Person Has a Gender, a Place in the Gender Galaxy • 275 2. The Multiplicity in the Gender Galaxy Is Not a Void • 277 II. -
Proposition 8 and the California Constitution*
EQUALITY’S CENTRALITY: PROPOSITION 8 AND THE CALIFORNIA * CONSTITUTION DAVID B. CRUZ†† INTRODUCTION On May 15, 2008, the California Supreme Court issued its decision in a case entitled In re Marriage Cases (Marriage Cases),1 becoming only the second state supreme court in the United States to interpret a state constitu- tion to allow same-sex couples to marry on the same terms as different-sex couples.2 When the decision became final on June 16, same-sex couples began doing exactly that, and an estimated 18,000 such couples wed be- tween then and November 4,3 when the window of opportunity slammed shut.4 That day, fifty-two percent of the California voters who turned out at the polls voted to approve Proposition 8 (“Prop 8”).5 This constitutional amendment specified in its operative provision that “[o]nly marriage be- tween a man and a woman is valid or recognized in California.”6 On No- vember 5, the day after the election, county clerks across the state ceased issuing licenses to same-sex couples, and a number of lawsuits challenging 7 the validity of Prop 8 on state law grounds were filed. * © 2010 David B. Cruz, all rights reserved. I am grateful to Shannon Minter for comments on an earlier draft of this Article and to Daniel Ballon, Jessica Bromall, Tom Rooks, and Kerri Sparks for their excellent research assistance and to the organizers and audiences at the Synposium on Lesbian, Gay, Bisexual, and Transgendered Issues and the Civil Rights Agenda at Southwestern University School of Law and the annual Social Justice Diversity Lecture at Santa Clara University School of Law, where I presented portions of the research reflected in this Article. -
The Recourse to Biology by Opponents of Transgender Equality Shannon Price Minter
NORTH CAROLINA LAW REVIEW Volume 95 | Number 4 Article 5 5-1-2017 "Déjà vu All Over Again": The Recourse to Biology by Opponents of Transgender Equality Shannon Price Minter Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Shannon P. Minter, "Déjà vu All Over Again": The Recourse to Biology by Opponents of Transgender Equality, 95 N.C. L. Rev. 1161 (2017). Available at: http://scholarship.law.unc.edu/nclr/vol95/iss4/5 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. 95 N.C. L. REV. 1161 (2017) “DÉJÀ VU ALL OVER AGAIN”: THE RECOURSE TO BIOLOGY BY OPPONENTS OF TRANSGENDER EQUALITY* SHANNON PRICE MINTER** This Article explores striking parallels between the current battle to secure equality for transgender people and the prior battle to win marriage equality for same-sex couples. In both instances, the success of the marriage and transgender equality movements came only after years of judicial losses and depended heavily on two profound changes: increasing judicial and legislative acceptance of gender equality; as well as increasing social acceptance of lesbian, gay, bisexual, and, more recently, transgender people. As a result of those changes, defenders of state marriage bans were unable to rely on gender stereotypes or arguments about the pathology or immorality of gay people, since those arguments lacked credibility in most courts.