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- Results per page : 20
- Categories
- Article/Artikel
- Magazine Title
- National Journal of Sexual Orientation Law
- Magazine Year
- 1997
- Magazine Number
- 1
- Creator
- Coombs, Mary
- Creator
- Frye, Phyllis Randolph
- Creator
- Martin, Francisco Forrest
- Creator
- [et al.]
- Thesaurus
- transgenders, transseksualiteit, homoseksualiteit, seksuele ambivalentie, discriminatie, recht, ouderschap, Verenigde Staten
- Description
- In this special issue on Transgender Issues and Sexual Orientation an article about the International Conference on Transgender Law and Employment Policy 'Discrimination Against Transgendered People In America' that answers basic questions pertaining to transgender issues. Mary Coombs examines the relationship between transgenderism and homosexuality and concludes that one reason the gay, lesbian and transgendered communities need to ally is 'because we have common enemies.' In a brief, with and introduction by Francisco Forrest Martin, submitted to the European Court of Human Rights on behalf of a female-to-male transsexual seeking recognition of his status as the 'functional but non-biological father' of the biological daughter of his partner for 15 years, a woman, chronicles the legal recognition of transsexuals in Europe, and the United States including the consideration of gender dysphoria and transsexualism as a disability, noting that European laws and courts have 'evidenced a greater sensitivity to the plight of transsexuals' than in the United States. Phyllis Randolph Frye hold a speech July 6, 1996, at the Fifth International Conference on Transgender Law and Employment Policy Conference, 'TRANSGEN'96,' in Houston in which she discusses a variety of 'freedoms' beginning with her personal experience as an out transgendered person, and examines societal pressure on transgendered people to have sex reassignment surgery.
- Categories
- Article/Artikel
- Magazine Title
- National Journal of Sexual Orientation Law
- Magazine Year
- 1996
- Magazine Number
- 2
- Creator
- Adams, William E
- Creator
- Cox, Barbara J.
- Creator
- Fajer, Marc A.
- Creator
- [et al.]
- Thesaurus
- lesbianisme, homoseksualiteit, recht, wetgeving, overheidsbeleid, Verenigde Staten
- Description
- On May 20 1996, the U.S. Supreme Court rendered a profoundly important and enlightened ruling concerning the rights of gays and lesbians. It overturned Amendment 2 to Colorado's Constitution, an amendment which, in essence, established state-sanctioned discrimination against gays and lesbians. Amendment 2 had sought to prevent the State of Colorado (and any local government in that state) from passing legislation to protect the constitutional rights of gays and lesbians. In rendering its decision, Justice Kennedy, writing for a 6-3 majority, noted that 'the amendment seems inexplicable by anything but animus toward the class that it affects:' and that 'it identifies persons by a single trait and then denies them protection across the board. The resulting disqualification of a class of persons from the right to seek specific protection from the law is unprecedented in our jurisprudence.' And in ruling that Amendment 2 violated the U.S. Constitution's equal protection clause, the Court said: 'We must conclude that Amendment 2 classifies homosexuals, not to further a proper legislative end, but to make them unequal to everyone else. This Colorado cannot do.' Leaders in the gay and lesbian movement were quick to hail this decision as a great day for fair-minded Americans. As academics and practitioners begin to debate the ultimate impact of the United States Supreme Court's decision in Romer v. Evans, it is important to consider its immediate effect on ballot measures concerning the rights of lesbians, gays and bisexuals around the country. Other commentators in this special will analyze the constitutional arguments involved in Romer so the focus will instead be on some of the remaining anti-gay ballot initiatives that may survive constitutional attack, and it will also address problems with measures that may be raised in the future. It is important to recognize that many laypersons may falsely believe that all anti-gay ballot measures have been declared invalid pursuant to Romer. Part I of this essay will very briefly review the holding in Romer. Part II will discuss the ballot measure process, explaining the differences between the different type of measures, the history of the process, and the advantages and disadvantages of it. Part III will discuss the impact of Romer on these ballot proposals. Finally, the essay will consider the debate about how the lesbian, gay, and bisexual movement should devote its resources in dealing with ballot measures.
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