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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. -
Transgender Health at the Crossroads: Legal Norms, Insurance Markets, and the Threat of Healthcare Reform
Yale Journal of Health Policy, Law, and Ethics Volume 11 Issue 2 Yale Journal of Health Policy, Law, and Article 4 Ethics 2011 Transgender Health at the Crossroads: Legal Norms, Insurance Markets, and the Threat of Healthcare Reform Liza Khan Follow this and additional works at: https://digitalcommons.law.yale.edu/yjhple Part of the Health Law and Policy Commons, and the Legal Ethics and Professional Responsibility Commons Recommended Citation Liza Khan, Transgender Health at the Crossroads: Legal Norms, Insurance Markets, and the Threat of Healthcare Reform, 11 YALE J. HEALTH POL'Y L. & ETHICS (2011). Available at: https://digitalcommons.law.yale.edu/yjhple/vol11/iss2/4 This Article is brought to you for free and open access by Yale Law School Legal Scholarship Repository. It has been accepted for inclusion in Yale Journal of Health Policy, Law, and Ethics by an authorized editor of Yale Law School Legal Scholarship Repository. For more information, please contact [email protected]. Khan: Transgender Health at the Crossroads NOTE Transgender Health at the Crossroads: Legal Norms, Insurance Markets, and the Threat of Healthcare Reform Liza Khan INTRODUCTION ........................................................................................... 376 I. MEDICALIZED IDENTITY ...................................................................... 379 A. TRANSGENDER HEALTHCARE ..................................... 380 B. TRANSGENDER LAW AND MEDICINE: INTERSECTION OR DISCONNECT?.. 382 C. NEGOTIATING THE MEDICAL CONSTRUCTION OF GENDER: -
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. -
Post Operative Transsexuals' Right to Marriage Sarah Leinicke
The Modern American Volume 1 Article 7 Issue 1 Spring 2005 2005 Post Operative Transsexuals' Right to Marriage Sarah Leinicke Follow this and additional works at: http://digitalcommons.wcl.american.edu/tma Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons, and the Human Rights Law Commons Recommended Citation Leinicke, Sarah. “Post Operative Transsexuals' Right to Marriage.” The odeM rn American, Spring 2005, 18-21. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in The odeM rn American by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Post Operative Transsexuals' Right to Marriage Keywords Transsexuals' rights, Transgender, Right to marriage, Kantaras v. Kantaras, Medical expert testimony This article is available in The odeM rn American: http://digitalcommons.wcl.american.edu/tma/vol1/iss1/7 POST OPERATIVE TRANSSEXUALS’ RIGHT TO MARRIAGE By Sarah Leinicke* an people born female and who identify as men, whose tity Disorder as defined by the Diagnostic and Statistical Manual birth certificates and drivers licenses state they are men, of Mental Illness (DSM – IV).8 The DSM – IV has a long list of C and have masculine names, beards, chests, who wear criteria for transsexuals, such as “persistent discomfort” in the men’s clothing, and go -
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. -
March 2002 Buffalo Belles
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Digital Commons at Buffalo State State University of New York College at Buffalo - Buffalo State College Digital Commons at Buffalo State The aM deline Davis Gay, Lesbian, Bisexual, Buffalo Belles Newsletters Transgender Archives of Western New York 3-2002 March 2002 Buffalo Belles Follow this and additional works at: http://digitalcommons.buffalostate.edu/buffalobelles Recommended Citation Buffalo Belles, "March 2002" (2002). Buffalo Belles Newsletters. 90. http://digitalcommons.buffalostate.edu/buffalobelles/90 This Book is brought to you for free and open access by the The aM deline Davis Gay, Lesbian, Bisexual, Transgender Archives of Western New York at Digital Commons at Buffalo tS ate. It has been accepted for inclusion in Buffalo Belles Newsletters by an authorized administrator of Digital Commons at Buffalo tS ate. For more information, please contact [email protected]. Info Line (716) 879-0973 Mail Correspondence to: Buffalo Belles P.O Box 1701 Amherst, NY 14226 Or Email: buffalo_ [email protected] *To submit an article for print in this newsletter, 1 send it to the editor at [email protected] by the 15 h of each month March 2002 Issue 7 members were in attendance for March's meeting. Highlights Page They were; Name Change 2 Trissa F, Michelle F, Brenda H, Patti J, From Spouses of Crossdressers 3 Jo S, Kendra K, and Colleen R Questions & Answers 5 Kantras custody battle 5 Self Discovery 7 Karen Boyd of Newbury Street Hair, Wig and SOC Ideas 8 Center for Wellness located on 2884 Niagara Falls Blvd. -
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. -
A Peaceful Explosion
Page Medicaid Exposed BABAA Page 5 Program Changes a ‘Disaster’ Reaching Out to Black Men 10 February 24, 2003 www.ExpressGayNews.com Volume 4, Number 8 A Peaceful Explosion Arts United Event Attracts Large Crowd in Lauderdale By Andy Zeffer “We had one word of Features Editor defamation written on our Art Explosion 2003 drew a large, bodies, and then we each took diverse crowd to ArtServe in Fort turns writing healing words on Lauderdale on Feb. 21. Organizers and each other—words of praise and guests said the event was bigger and love,” explained Mars, one of better than ever. The sight alone of the models participating in the the jam-packed parking lot and a piece. It was fitting that the steady stream of cars parked alongside models stood near the door, Holiday Park for blocks was in itself a since it offered a preview of the sure sign of the event’s popularity. plentiful artistic expression to be A rich fusion of various visual and encountered during the evening. performing artists came together to A burst of color and textures ensure that attendees were treated to awaited those who entered the a feast for the senses. Guests strolled gallery, as striking paintings stood from display to display, observing the out in bold colors. Some of the various artworks and performance work incorporated a combination venues. of different materials, such as the The excitement was apparent as three-dimensional work of Roberto soon as one walked through the doors Capparatti and Carla Margarit. The of ArtServe. In the lobby was an art figure in their painting piece put together by one of the “Hermafrodita” had a face that organizers, Chris Yoculan, vice president protruded from the canvas and Photo by Pompano Bill of Arts United, the local group that appeared to be glazed ceramic. -
A Prescription for Gender: How Medical Professionals Can Help Secure Equality for Transgender People Jennifer L
Western New England University School of Law Digital Commons @ Western New England University School of Law Faculty Scholarship Faculty Publications 2003 A Prescription for Gender: How Medical Professionals Can Help Secure Equality for Transgender People Jennifer L. Levi Western New England University School of Law, [email protected] Follow this and additional works at: http://digitalcommons.law.wne.edu/facschol Part of the Family Law Commons, and the Sexuality and the Law Commons Recommended Citation 4 Geo. J. Gender & L. 721 (2003) This Article is brought to you for free and open access by the Faculty Publications at Digital Commons @ Western New England University School of Law. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Digital Commons @ Western New England University School of Law. For more information, please contact [email protected]. A PRESCRIPTION FOR GENDER: How MEDICAL PROFESSIONALS CAN HELP SECURE EQUALITY FOR TRANSGENDER PEOPLE JENNIFER L. LEVI* INTRODUCTION Transgender people have made tremendous legal gains in the last several years. We live in a period of rapid social change, hopefully approaching a time when trans gender individuals and our families enjoy the same legal rights and privileges afforded to other members of society. However, we are not there yet. I This essay discusses the role medical professionals must play if transgender people are to achieve full humanity in light of legal developments in the areas of employment and family law. 2 Medical professionals are at the heart of directing and implementing policies that have an enormous effect on the lives of transgender individuals. -
Transgender Issues in the Law by Brett Genny Beemyn
Transgender Issues in the Law by Brett Genny Beemyn Encyclopedia Copyright © 2015, glbtq, Inc. Entry Copyright © 2006, glbtq, inc. Reprinted from http://www.glbtq.com Individuals who are transgender or who otherwise do not conform to society's gender norms experience widespread discrimination in employment, housing, public accommodations, marriage and family litigation, medical care, prisons, schools, and hate crimes protection. An increasing number of states and municipalities have passed transgender rights legislation, and recent case law has generally favored transgender clients. However, transpeople often continue to be denied basic rights on the national, state, and local level. Disability and Sex Discrimination Laws Although transsexuality is recognized as a medical condition, transsexuals are not covered under federal laws that prohibit discrimination on the basis of disability. Both the Federal Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990 explicitly exclude transsexuals from protection. Some state disability laws likewise exempt transsexual people, including the statutes of Indiana, Iowa, Louisiana, Nebraska, Ohio, Oklahoma, Texas, and Virginia. However, state courts or administrative agencies in Florida, Illinois, Massachusetts, New Hampshire, New Jersey, New York, and Washington have ruled that, as a significant physical or mental impairment, transsexuality is a protected disability under state laws. The California legislature has also removed transsexuality from the state's ADA restrictions. Title VII of federal law prohibits sex discrimination in employment, but courts have historically rejected the application of the law to transgender people. For example, in Ulane v. Eastern Airlines (1984), the Seventh Circuit Court held that a transsexual woman who was fired from her job as an airline pilot because she underwent gender reassignment/confirmation surgery was not protected under Title VII, based on the dehumanizing argument that a transsexual is neither male nor female.