Sexual Orientation, Gender Identity, and the Law in a Nutshell

Sexual Orientation, Gender Identity, and the Law in a Nutshell
Author: Ruth Colker
Publisher: West Academic Publishing
Total Pages: 0
Release: 2023-10-27
Genre: Gays
ISBN: 9781685614003

This Nutshell presents a very timely overview of legal topics relating to sexual orientation, gender identity and the law. Topics covered include: regulation of sexuality, gender identity and expression, parenthood, marriage, United States military, nondiscrimination statutes and ordinances, freedom of expression, freedom of association, and religious freedom. Discussion includes developments at the federal, state and local level. Statutes discussed include Title VII of the Civil Rights Act of 1964; Title IX; the Fair Housing Act; the Affordable Care Act; Don't Ask, Don't Tell; Defense of Marriage Act, as well as some of the anti-LGBT rights measures that have been adopted in various states.

Sexual Orientation, Gender Identity and International Human Rights Law

Sexual Orientation, Gender Identity and International Human Rights Law
Author: Kerry O'Halloran
Publisher: Routledge
Total Pages: 287
Release: 2019-10-22
Genre: Law
ISBN: 0429809727

This book identifies, analyses and discusses the nexus of legal issues that have emerged in recent years around sexuality and gender. It audits these against specific human rights requirements and evaluates the outcomes as evidenced in the legislation and caselaw of six leading common law jurisdictions. Beginning with a snapshot of the legal definitions and sanctions associated with the traditional marital family unit, the book examines the subsequently evolving key concepts and constructs before outlining the contemporary international framework of human rights as it relates to matters of sexuality and gender. It proceeds by identifying a set of themes, including the rights to identity, to form a family, to privacy, to equality and to non-discrimination, and undertakes a comparative evaluation of how these and other themes indicate areas of commonality and difference in the approaches adopted in those common law jurisdictions, as illustrated by the associated legislation and caselaw. It then considers why this should be and assesses the implications.

Gender Nonconformity and the Law

Gender Nonconformity and the Law
Author: Kimberly A. Yuracko
Publisher: Yale University Press
Total Pages: 256
Release: 2016-01-01
Genre: Law
ISBN: 0300125852

Cover -- Contents -- Acknowledgments -- Introduction -- ONE. The Case Law: Expanding Protection -- TWO. Neutrality -- THREE. Antisubordination -- FOUR. Status -- FIVE. Perfectionism -- SIX. Expressive Freedom: A Short Discussion of a Value That Is Not There -- SEVEN. The Race Paradox -- Conclusion -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W

Cases and Materials on Sexual Orientation and the Law

Cases and Materials on Sexual Orientation and the Law
Author: William B. Rubenstein
Publisher:
Total Pages: 0
Release: 2014
Genre: Gay rights
ISBN: 9780314290892

This casebook on the law of sexual orientation and gender identity weaves historical, sociological, and literary perspectives into the legal material. It provides comprehensive coverage of many significant recent developments, including the Supreme Court's 2013 same-sex marriage cases and the regulatory aftermath of the striking down of the Defense of Marriage Act. This edition also adds new material on the interstate recognition of same-sex couples' marriages, First Amendment claims raised by LGBT rights opponents, and family law disputes between LGBT parents. In addition, it significantly expands its coverage of gender identity issues.

Understanding the Well-Being of LGBTQI+ Populations

Understanding the Well-Being of LGBTQI+ Populations
Author: National Academies of Sciences, Engineering, and Medicine
Publisher: National Academies Press
Total Pages: 437
Release: 2021-01-23
Genre: Social Science
ISBN: 0309680816

The increase in prevalence and visibility of sexually gender diverse (SGD) populations illuminates the need for greater understanding of the ways in which current laws, systems, and programs affect their well-being. Individuals who identify as lesbian, gay, bisexual, asexual, transgender, non-binary, queer, or intersex, as well as those who express same-sex or -gender attractions or behaviors, will have experiences across their life course that differ from those of cisgender and heterosexual individuals. Characteristics such as age, race and ethnicity, and geographic location intersect to play a distinct role in the challenges and opportunities SGD people face. Understanding the Well-Being of LGBTQI+ Populations reviews the available evidence and identifies future research needs related to the well-being of SDG populations across the life course. This report focuses on eight domains of well-being; the effects of various laws and the legal system on SGD populations; the effects of various public policies and structural stigma; community and civic engagement; families and social relationships; education, including school climate and level of attainment; economic experiences (e.g., employment, compensation, and housing); physical and mental health; and health care access and gender-affirming interventions. The recommendations of Understanding the Well-Being of LGBTQI+ Populations aim to identify opportunities to advance understanding of how individuals experience sexuality and gender and how sexual orientation, gender identity, and intersex status affect SGD people over the life course.

Sexual Orientation and Gender Identity Discrimination

Sexual Orientation and Gender Identity Discrimination
Author: Holning Lau
Publisher: BRILL
Total Pages: 66
Release: 2018-09-24
Genre: Law
ISBN: 9004345493

In Sexual Orientation and Gender Identity Discrimination Holning Lau offers an incisive review of the conceptual questions that arise as legal systems around the world grapple with whether and how to protect people against sexual orientation and gender identity discrimination.

Sexual Intimacy and Gender Identity 'Fraud'

Sexual Intimacy and Gender Identity 'Fraud'
Author: Alex Sharpe
Publisher: Routledge
Total Pages: 256
Release: 2018-02-02
Genre: Law
ISBN: 1351384139

This book is a legal and political intervention into a contemporary debate concerning the appropriateness of sexual offence prosecutions brought against young gender non-conforming people for so-called ‘gender identity fraud'. It comes down squarely against prosecution. To that end, it offers a series of principled objections based both on liberal principles, and arguments derived from queer and feminist theories. Thus prosecution will be challenged as criminal law overreach and as a spectacular example of legal inconsistency, but also as indicative of a failure to grasp the complexity of sexual desire and its disavowal. In particular, the book will think through the concepts of consent, harm and deception and their legal application to these specific forms of intimacy. In doing so, it will reveal how cisnormativity frames the legal interpretation of each and how this serves to preclude more marginal perspectives. Beyond law, the book takes up the ethical challenge of the non-disclosure of gender history. Rather than dwelling on this omission, it argues that we ought to focus on a cisgender demand to know as the proper object of ethical inquiry. Finally, and as an act of legal and ethical re-imagination, the book offers a queer counter-judgment to R v McNally, the only case involving a gender non-conforming defendant, so far, to have come before the Court of Appeal.

The Right to Be Out

The Right to Be Out
Author: Stuart Biegel
Publisher: U of Minnesota Press
Total Pages: 512
Release: 2018-10-23
Genre: Education
ISBN: 1452957991

An updated edition of this measured, practical, and timely guide to LGBT rights and issues for educators and school officials With ongoing battles over transgender rights, bullying cases in the news almost daily, and marriage equality only recently the law of the land, the information in The Right to Be Out could not be more timely or welcome. In an updated second edition that explores the altered legal terrain of LGBT rights for students and educators, Stuart Biegel offers expert guidance on the most challenging concerns in this fraught context. Taking up the pertinent questions likely to arise regarding curriculum and pedagogy in the classroom, school sports, and transgender issues, Biegel reviews the dramatic legal developments of the past decades, identifies the principles at work, and analyzes the policy considerations that result from these changes. Central to his work is an understanding of the social, political, and personal tensions regarding the nature and extent of the right to be out, which includes both the First Amendment right to express an identity and the Fourteenth Amendment right to be treated equally. Acknowledging that LGBT issues affect people of every sexual orientation and gender identity, Biegel provides a road map of viable strategies for school officials and educators. The Right to Be Out, informed by the latest research-based findings, advances the proposition that a safe and supportive educational environment, built upon shared values and geared toward a greater appreciation of our pluralistic society, can lead to a better world for everyone.

The Cambridge Handbook of New Human Rights

The Cambridge Handbook of New Human Rights
Author: Andreas von Arnauld
Publisher: Cambridge University Press
Total Pages: 939
Release: 2020-01-02
Genre: Political Science
ISBN: 1108751172

The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.