Issues in the legal regulation of sexuality are among the most contested in US law today. Determining a) whether gays and lesbians are entitled to the same marriage rights as heterosexual couples, b) whether the gender identities of transgender persons are to be accepted in public facilities like restrooms, c) if and when women should have access to contraception or abortion, and d) whether LGBTQ persons can rely on constitutional and statutory provisions providing for equal protection or nondiscrimination when availing of government provided services or commercial services, are all questions which either have been litigated in US courts in recent years, or are currently being litigated. Assessing the merits of the arguments of parties involved in litigating these issues requires delving into the disparate areas of law which converge in these cases. These areas of law include the jurisprudences of liberty, privacy, equal protection and the free exercise of religion, as well as issues concerning the extent of executive authority. This course will explore these issues through an examination of recent US jurisprudence, as well as statutory law and regulatory actions, as they pertain to LGBTQ rights and women’s reproductive rights at both the state and national level. While the primary focus will be on developments in the US, the treatment of similar issues in selected foreign jurisdictions will be introduced occasionally to present alternative approaches.
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Research and/or analytical paper(s), 10-15 pages
|Sakai site: https://sakai.duke.edu/portal/site/LAW.593.01.Sp19|
|Email list: LAW.593.01.Sp19@sakai.duke.edu|
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