Sexual Orientation Gender Identity And The Constitution

Author : Peter Nicolas
Publisher : Unknown
Page : 0 pages
File Size : 40,6 Mb
Release : 2013
Category : Gay rights
ISBN : 1594609918

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Sexual Orientation, Gender Identity, and the Constitution by Peter Nicolas Pdf

To access the 2016-17 supplement to this text click here. In this textbook, Professor Nicolas incorporates his expertise in constitutional law, federal courts, and sexual orientation, gender identity, and the law to provide a comprehensive approach to studying constitutional litigation involving the rights of sexual minorities. The book first addresses threshold questions regarding the definitions of sexual orientation, sex, and gender, setting the stage for the question of "immutability" and the status-conduct and speech-conduct lines that arise in the substantive materials that follow. Next, it addresses procedural obstacles that play an increasingly prominent role in constitutional litigation involving the rights of sexual minorities, such as standing, mootness, abstention, and the precedential weight of summary affirmances by the U.S. Supreme Court. Finally, it examines the key constitutional doctrines that arise in litigation regarding the rights of sexual minorities--substantive due process, equal protection, and First Amendment--in a variety of contexts, such as marriage, parenting, and public employment. The book thus replicates the stages of analysis that arise when litigating any such case from start to finish. Because the book covers basic constitutional law doctrine as well as more focused case law regarding the constitutional rights of sexual minorities, it can be used effectively in a stand-alone course on sexual orientation, gender identity, and the law as well as in a traditional, rights-based constitutional law course taught by a faculty member who wishes to teach the course with greater focus on the constitutional rights of sexual minorities. Moreover, it is sufficiently comprehensive for use in non-law school courses as well.

Author : Holning Lau
Publisher : BRILL
Page : 66 pages
File Size : 53,5 Mb
Release : 2018-09-24
Category : Law
ISBN : 9789004345492

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Sexual Orientation and Gender Identity Discrimination by Holning Lau Pdf

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.

Author : Robert Wintemute
Publisher : Oxford University Press, USA
Page : 336 pages
File Size : 41,5 Mb
Release : 1995
Category : Gay rights
ISBN : STANFORD:36105018286612

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Sexual Orientation and Human Rights by Robert Wintemute Pdf

2. Articles 1O and 11

Author : Kerry O'Halloran
Publisher : Routledge
Page : 299 pages
File Size : 54,7 Mb
Release : 2019-10-22
Category : Law
ISBN : 9780429809729

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Sexual Orientation, Gender Identity and International Human Rights Law by Kerry O'Halloran Pdf

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.

Author : Corinne Lennox,Matthew Waites
Publisher : Institute of Commonwealth Studies
Page : 582 pages
File Size : 52,8 Mb
Release : 2013
Category : Law
ISBN : 0957354886

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Human Rights, Sexual Orientation and Gender Identity in the Commonwealth by Corinne Lennox,Matthew Waites Pdf

"Human rights in relation to sexual orientation and gender identity are at last reaching the heart of global debates. Yet 78 states worldwide continue to criminalise same-sex sexual behaviour, and due to the legal legacies of the British Empire, 42 of these - more than half - are in the Commonwealth of Nations. In recent years many states have seen the emergence of new sexual nationalisms, leading to increased enforcement of colonial sodomy laws against men, new criminalisations of sex between women and discrimination against transgender people. [This book] challenges these developments as the first book to focus on experiences of lesbian, gay, bisexual, transgender and intersex (LGBTI) and all non-heterosexual people in the Commonwealth. The volume offers the most internationally extensive analysis to date of the global struggle for decriminalisation of same-sex sexual behaviour and relationships."--Abstract, website.

Author : Anne-Marie Mooney Cotter
Publisher : Routledge
Page : 382 pages
File Size : 55,9 Mb
Release : 2016-04-15
Category : Law
ISBN : 9781317178118

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Ask No Questions by Anne-Marie Mooney Cotter Pdf

Ask No Questions provides readers with a better understanding of Sexual Orientation Discrimination as an increasingly important area of law around the world. It aims to increase the likelihood of achieving equality at national and international levels through a focus on the impact of primary role legislation on the court process, and a discussion on the two most important trade agreements of our day - namely the North American Free Trade Agreement and the European Union Treaty - in a historical and compelling analysis of discrimination. Anne-Marie Mooney-Cotter's sixth book in her series of volumes on discrimination law follows the approach and structure of her previous Ashgate volumes. Through a focus on the comparisons and contradictions of this type of law, and its detailed examination of the relationship between sexual orientation issues and the law, the book will be of importance to those concerned with equality.

Author : Nan D. Hunter,Courtney G. Joslin,Sharon M. McGowan
Publisher : NYU Press
Page : 237 pages
File Size : 46,5 Mb
Release : 2004-11-15
Category : Law
ISBN : 9780814736791

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The Rights of Lesbians, Gay Men, Bisexuals, and Transgender People by Nan D. Hunter,Courtney G. Joslin,Sharon M. McGowan Pdf

Uses a question-and-answer format and nontechnical language to survey rights in regard to freedom of speech and association, housing, employment, the military, family and parenting, and HIV disease.

Author : Allison Liu Jernow
Publisher : Unknown
Page : 393 pages
File Size : 52,5 Mb
Release : 2011
Category : Gay rights
ISBN : OCLC:759614100

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Sexual Orientation, Gender Identity and Justice by Allison Liu Jernow Pdf

A collection of domestic court cases addressing legal issues relating to sexual orientation and gender identity. It presents more than one hundred judicial decisions from every region of the world and analyzes the role of international and comparative law in cases involving such topics as the criminalisation of sexual conduct, gender expression and cross-dressing, employment discrimination, freedom of religion and non-discrimination, and partnership benefits and recognition.

Author : NIKHILESH N
Publisher : SWAMY LAW HOUSE
Page : 175 pages
File Size : 43,8 Mb
Release : 2020-10-26
Category : Law
ISBN : 9789383845514

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RIGHT TO MARRIAGE OF SEXUAL MINORITIES: A HUMAN RIGHT PERSPECTIVE by NIKHILESH N Pdf

Book deals with the Human Rights issues of the sexual minorities in particular their right to marriage. Discrimination from the main stream society is one of the main issues faced by the LGBTQ+ community. At present only 29 countries around the world have recognized the right to marriage of sexual minorities and Asian countries like India has not recognized this right. Individuals should be given right to self determination of their gender identity. Same as discrimination on the basis of race and color, discrimination on the basis of sexuality is also a human right violation which is recognized by the international community. Law is not a panacea for the entire issues faced by the LGBTQ+ community, the attitude of the society should be changed to accommodate the discriminated peoples like transgenders and other LGBTQ+ .

Author : Ruth Colker
Publisher : West Academic Publishing
Page : 0 pages
File Size : 40,5 Mb
Release : 2023-10-27
Category : Gays
ISBN : 1685614000

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Sexual Orientation, Gender Identity, and the Law in a Nutshell by Ruth Colker Pdf

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.

Author : Australia. Parliament. Senate. Legal and Constitutional Affairs Legislation Committee,Patricia Crossin,Trish Crossin
Publisher : Unknown
Page : 44 pages
File Size : 44,5 Mb
Release : 2013
Category : Gender identity
ISBN : 1742298567

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Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013 [Provisions] by Australia. Parliament. Senate. Legal and Constitutional Affairs Legislation Committee,Patricia Crossin,Trish Crossin Pdf

Author : David A. J. Richards
Publisher : University of Chicago Press
Page : 247 pages
File Size : 55,7 Mb
Release : 1999
Category : Law
ISBN : 9780226712093

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Identity and the Case for Gay Rights by David A. J. Richards Pdf

1. THE RACIAL ANALOGY

Author : Anne Hellum
Publisher : Unknown
Page : 122 pages
File Size : 47,9 Mb
Release : 2018-01-08
Category : Gays
ISBN : 0367028980

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Human Rights, Sexual Orientation, and Gender Identity by Anne Hellum Pdf

How human rights principles, like the right to gender identity, freedom, integrity and equality, respond to the concerns of different groups of adults and children who experience gender harm due to the binary conception of sexuality and gender identity is the overall theme of this book. The Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity are analysed in the light of the dynamic jurisprudence of different human rights treaty bodies. Whether and how the status quo of gender duality is reproduced, in spite of international law's growing recognition of the multiplicity of sexualities and gender identities, is discussed. How transgender men, in countries that permit legal gender change, have been successfully prosecuted for gender fraud by female partners claiming to be unaware of their gender history is given attention. While human rights discourse related to LGBTI persons so far has been moulded on the experiences of adults this book gives voice to the concerns of gender-non confirming children. The jurisprudence of the Child Rights Committee, with focus on the complex social and legal issues faced by gender non-confirming children, is addressed. Through narratives, that give voice to these children's experiences, the book demonstrates how the legal gender assigned at birth impacts on their feeling of recognition, self-confidence and self-respect in the private, social, and legal spheres. This book was previously published as a special issue of the Nordic Journal of Human Rights.

Author : Terrell Carver,Veronique Mottier
Publisher : Routledge
Page : 219 pages
File Size : 55,6 Mb
Release : 2013-03-07
Category : Political Science
ISBN : 9781134701155

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Politics of Sexuality by Terrell Carver,Veronique Mottier Pdf

This book recognises sexuality as a mainstream concept in political analysis and explores issues in the politics of sexuality that are highly salient and controversial today. These include conceptions of citizenship and nationality linked to gender and sexuality, the legislation about the age of consent, prostitution and 'trafficing in women', the international politics of population control, abortion, sexual harrassment, and sexuality in the military. The international team of contributors provide a wide range of perspectives in a variety of contexts. On a national level they offer illustrative case studies from the UK, Ireland, the Netherlands, Spain and Israel among others, and on an international plane they cover the European Union, the UN Conference on Population and Development and the role of the Vatican as international arbiter. Moreover, the volume addresses the interaction between political discourse and the work of major theorists such as Weber, Freud, Foucault, Irigaray and Butler.

Author : National Academies of Sciences, Engineering, and Medicine,Division of Behavioral and Social Sciences and Education,Committee on Population,Committee on Understanding the Well-Being of Sexual and Gender Diverse Populations
Publisher : National Academies Press
Page : 437 pages
File Size : 47,5 Mb
Release : 2021-01-23
Category : Social Science
ISBN : 9780309680813

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Understanding the Well-Being of LGBTQI+ Populations by National Academies of Sciences, Engineering, and Medicine,Division of Behavioral and Social Sciences and Education,Committee on Population,Committee on Understanding the Well-Being of Sexual and Gender Diverse Populations Pdf

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.