Category Archives: LGBT Rights

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Federal judge rules that refusal to hire based on gender identity is sex discrimination

Today, in the first ever victory directly on this point, the ACLU won a federal court decision holding that discrimination against a transgender person constitutes per se discrimination based on sex in violation of Title VII. In Schroer_v_Billington, Judge James … Continue reading

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Kentucky Court Blocks Lesbian Couple Adoption

The Kentucky Court of Appeals has made marriage the dividing line between those children who can have two legally recognized parents and those who can’t. In an opinion handed down last Friday, the court ruled that “second-parent adoption” is not … Continue reading

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Trial Judge Strikes Down Florida Ban on Gay Adoption

In granting an adoption by a gay man of a foster child that he and his partner had been caring for for years, a trial judge in Key West recently struck down Florida’s ban on adoption by lesbians and gay … Continue reading

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Palin Accused of Attempts to Ban Books from Public Library

Unlike so many things being thrown at her, this seems like an entirely appropriate basis for criticism. From here: … Shortly after taking office in 1996 as mayor of Wasilla, a city of about 7,000 people, Palin asked the city’s … Continue reading

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Disturbing

This. And, by the way, we lesbians and gay men don’t “deal with” our homosexuality, as Focus on the Family asserts. We “deal with” the prejudice of others. -Tony Infanti

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One post-modern neo-feminist lesbian libertarian’s “Gay & Lesbian Election Guide”

Here.

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Gendered Parenting, Same-Sex Parenting and Presidential Politics

{I haven’t posted here for some time.   This is cross-posted from my own blog, Related Topics. ) I suppose more specifically I mean vice-presidential politics.   As in Sarah Palin. I doubt I have much original to add to … Continue reading

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Lawsuit Challenging NY Governor’s Order to Recognize Same-Sex Marriages Dismissed

In a victory for same-sex marriage advocates, a New York Supreme Court (i.e., state lower court) judge has dismissed the lawsuit filed by lawmakers and opponents of same-sex marriage that challenged the power of NY Governor David Paterson to order … Continue reading

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Someone Needs To Teach A Course In “Tee Shirt Law”

From here: A routine trip to the Social Security office Monday turned into 30 minutes of shock, disbelief and irritation for Lapriss Gilbert, who was forced to leave the federal building by a guard who objected to her “lesbian.com” T-shirt. … Continue reading

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Parenting Measure Qualifies for Arkansas Ballot

An initiative that would prohibit individuals cohabiting outside of marriage from adopting or serving as foster parents has qualified for the Arkansas ballot this November. More from Jurist here. A bit of background: In 1999, the Arkansas Child Welfare Agency … Continue reading

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Openly gay diver wins gold, but for some mysterious reason NBC Sports did not feature his parnter in its reporting

From Yahoo News (written by Maggie Hendricks): Diver Matthew Mitcham, the only openly gay male athlete in the Beijing Olympics, won gold in the 10m platform. He beat Chinese favorite Zhou Luxin by 4.8 points, preventing China from sweeping gold … Continue reading

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Louisiana State Nondiscrimination Policy to Lapse

It is being reported that Louisiana Governor Bobby Jindal has decided  to allow an executive order issued by former Governor Kathleen Blanco that prohibited discrimination against state employees because of their sexual orientation to lapse. Apparently, Jindal feels that federal … Continue reading

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Benitez v. North Coast Women’s Care Medical Group

The California Supreme Court just came down with its decision  in this case. This is the case of Guadalupe Benitez, a lesbian woman who, with her partner, decided to get pregnant. After a few failed tries at self-insemination, Benitez visited … Continue reading

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The AALS Speaks

This just in from the AALS: Statement Adopted by AALS Executive Committee August 15, 2008 The AALS 2009 Annual Meeting will take place January 6-10, 2009, in San Diego, California. Several years ago the Association booked rooms at the San … Continue reading

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Two important reports from American Psychological Assn

The APA convention meeting this week in Boston is hearing two internal reports with important public policy dimensions. The report of the Task Force on Mental Health and Abortion concludes that no evidence supports the claim that an induced abortion … Continue reading

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Trial courts hear CA, NY marriage equality battles

UPDATE: Judge dismisses challenge to wording of Prop 8. Both title and arguments included on the ballot will remain as proposed by the Secretary of State. [Link to decision] A California trial court judge is likely to rule today in … Continue reading

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North Dakota Law Review Criticized for Anti-Same-Sex-Marriage Issue

A column in the Fargo-Moorhead Forum begins: Attorneys around the state were shocked to see the content of the most recent edition of the North Dakota Law Review, a symposium issue focused on family law, in which all but one … Continue reading

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Boycotting AALS

There is quite a debate in the blogosphere about boycotting AALS events next January at the Manchester Grand Hyatt because the owner of that hotel has donated money in support of Proposition 8, which would add a ban on same-sex … Continue reading

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Legal Writing Institute Will Not Host Event at San Diego’s Grand Hyatt

Ruth Anne Robbins, President of the  Board of Directors  of the Legal Writing Institute, has notified the AALS that it will not hold its customary  award ceremony at the AALS annual meeting, if the meeting is held at the Grand … Continue reading

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In three months, these laws will change (or not)

Election Day is three months from today. Despite the fact that one can hardly escape the relentless onslaught of horse race journalism about candidates, there is almost total radio silence about the laws that voters will adopt or reject on … Continue reading

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Words Do Matter

Supporters of  Proposition 8, which would amend the California Constitution to ban same-sex marriage and overturn the California Supreme Court’s decision in In re Marriage Cases, have filed suit against Attorney General Jerry Brown. They object to Brown’s change in … Continue reading

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Mass. Opens Marriage to All Same-Sex Couples

As a follow-up to my post yesterday, Massachusetts Governor Deval Patrick signed into law today  the bill repealing the 1913 law that had prevented most same-sex couples who live outside Massachusetts from traveling there to marry. The legislature included a … Continue reading

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Professor Obama on sexuality, gender and health

Must reading for all law profs – the NY Times has published eight of the exams (scroll to bottom of link) given by Barack Obama while he was teaching at the University of Chicago Law School, together with two sample … Continue reading

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Mass. Takes Another Step Toward Opening Marriage to All Same-Sex Couples

Yesterday, the Massachusetts House passed a bill to repeal the 1913 law that prevented most same-sex couples who live outside Massachusetts from traveling there to marry. There had been some speculation that this bill might stall in the House because … Continue reading

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Portions of PA Bias Crime Law Struck Down

At the end of last week, the Pennsylvania Supreme Court issued a summary decision  that upheld and adopted a lower court opinion that struck down portions of Pennsylvania’s bias crime law (18 Pa. Cons. Stat. section 2710) on constitutional grounds. … Continue reading

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“Straight in a Gay World”

Essay by a straight man who worked at a gay organization about what he learned from the experience.

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San Diego Grand Hyatt Boycott (and Girlcott!)

Since this is the hotel where the AALS annual meeting is being held, I thought the FLP readership would be concerned about this story.   The Grand Hyatt’s owner gave $125K to the marriage ban campaign; now gay activists are … Continue reading

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H&R Block and Taxing Civil Unions

To follow-up on an earlier post, the Los Angeles Times is reporting here that H&R Block has agreed to reimburse civil union couples who began filling out their tax returns online only to be told that the company’s software did … Continue reading

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DOMA and the Census

Last Friday, Gary Gates of UCLA’s Williams Institute had an interesting op-ed piece in the Los Angeles Times. In the piece, he makes an argument for why the Census Bureau should not alter the responses of married same-sex couples to … Continue reading

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John McCain, Gay Adoption, and Penguins

Strange mix here, but I thought John McCain’s recent insistence that, despite being a parent of an adopted child, he doesn’t “believe in gay adoption” is a nice segway into this story about how homosexuality has been observed to appear … Continue reading

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South Carolina counterproductively drops out of campaign to attract gay tourists

The State reports: South Carolina’s top tourism agency has canceled an overseas advertising campaign targeting gay tourists. The campaign, tied to gay pride week celebrations in London, included ads that proclaimed”South Carolina is so gay.”A handful of other U.S. destinations … Continue reading

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Ohio Paid Sick Leave Initiative Ignores LGBT Families

I never thought I’d see the day when I would question an effort to secure paid sick leave. But I recently learned that the campaign for paid sick leave in Ohio has proposed an initiative that will allow workers to … Continue reading

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Criminalizing Same-Sex Marriage

The  Milwaukee Journal Sentinel  had an interesting story (here) last week with a warning for Wisconsin same-sex couples who are contemplating going to California to marry: Wisconsin makes it a crime for its residents to go across state lines and … Continue reading

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Martha T. McCluskey, “How Queer Theory Makes Neoliberalism Sexy: Right-Wing Economic Politics and the Queer Challenge to Feminism”

Abstract: Some strands of queer theory have echoed conservative law-and-economics (neoliberalism) in criticizing feminism’s turn to the state and to moral principle to solve problems of dependency and dominance. But on closer analysis, queer anti-statism and anti-moralism itself relies on … Continue reading

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Gay Marriage Support and Opposition By The Numbers

A overview of twenty plus years of polling data is available here.

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Federal Marriage Amendment – Welcome Back

In the same week we get a wife-beating joke from a presidential candidate with a sordid past when it comes to gender-related outbursts, we get the reintroduction of the Federal Marriage Amendment . . . co-sponsored by, among others, Senators … Continue reading

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Ventry on Gay Marriage and Income Taxation

Feminist Law Prof Dennis J. Ventry, Jr. (UC Davis) discusses gay marriage and taxation here. Professor Ventry is a fantastic all-around tax scholar and an important contributor to the discourse on issues of taxation and the family. -Bridget Crawford

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“Irmo High School principal Eddie Walker announced he would step down at the end of the next school year because the Gay-Straight Alliance conflicts with his beliefs and religious convictions.”

Good riddance. And hopefully the Lexington-Richland School District 5 will vote to allow a club for gay students. –Ann Bartow

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“Don’t Ask, Don’t Tell”and Its Disproportionate Impact on Women

The  New York Times  includes a  story  on the front of its national section this morning about how women were discharged under the military’s”Don’t Ask, Don’t Tell”policy in disproportionate numbers last year. Although women made up only 14% of Army … Continue reading

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“Strange Sisters”

A website featuring lesbian paperback artwork from the 1950s and 1960s.

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Let the Wedding Bells Ring!

Congratulations to Phyllis Lyon and Del Martin who will become one of the first same-sex married couples in California later today. The state supreme court decision takes place at 5pm Pacific time, and some clerks offices are staying open late … Continue reading

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Massachusetts Maternity Leave Act Now Applies to Fathers Too

Feminist Law Prof Jessica Silbey has an excellent post today on Concurring Opinions about the decision by the Massachusetts Commission Against Discrimination to expand the state Maternity Leave Act to apply to fathers too.   This change means that employers … Continue reading

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Katherine M. Franke, “Longing for Loving”

The abstract: Post-Lawrence efforts to secure marriage equality for same sex couples must be undertaken, at a minimum, in a way that is compatible with efforts to dislodge marriage from its normatively superior status as compared with other forms of … Continue reading

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First Circuit writes in Cook v. Gates: “We are convinced that Lawrence recognized that adults maintain a protected liberty interest to engage in certain ‘consensual sexual intimacy in the home.'” But, still finds “Don’t Ask, Don’t Tell” Constitutional

Cook v. Gates was the second challenge to the “Don’t Ask, Don’t Tell” policy of the U.S. Military decided after Lawrence. Yesterday in Cook v. Gates the First Circuit held in pertinent part: There are at least four reasons for … Continue reading

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Cutting off Your Nose to Spite Someone Else’s Face

With the recent extension of the right to marry to same-sex couples in California, there has been talk of a”shot in the arm to the state economy”from all of the additional business for wedding planners, hotels, florists, bakeries, and others … Continue reading

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Robson on “Sexual Democracy”

Feminist Law Prof Ruthann Robson (CUNY) has posted to ssrn her article, “Sexual Democracy.”  Here is a the abstract: Conceptualizing the relationship between sexuality and democracy requires not only an interrogation of both terms, but also an exploration of the … Continue reading

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Paula Gunn Allen 1939-2008

Feminist author and scholar Paula Gunn Allen died on May 29, 2008.  Here is a portion of her  obituary from the LA Times: In the 1960s, when some in academia still denied the existence of Native American literature, Paula Gunn … Continue reading

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