Results tagged “LGBT issues”

January 9, 2013

NeJaime2.jpgBy Associate Professor Douglas NeJaime

This op-ed originally appeared in The Advocate.

The Supreme Court has decided to hear two cases relating to marriage equality. The first, United States v. Windsor, raises the constitutionality of section 3 of the federal Defense of Marriage Act, which denies federal recognition to same-sex couples' marriages. The second, Hollingsworth v. Perry, involves the constitutionality of California's Proposition 8, the state constitutional amendment banning marriage for same-sex couples. After the court's announcement, many commentators and some LGBT activists speculated that the court's ultimate decision in the cases would bring the end of marriage-based discrimination against same-sex couples. Some expect the justices to extend the fundamental right to marry to same-sex couples. Others are focusing on equal protection, anticipating a ruling that sexual orientation classifications merit heightened scrutiny. Such a decision would immediately cast doubt on any form of sexual orientation discrimination, including the marriage prohibitions that a vast majority of states maintain.

But this might all be wishful thinking.

Yes, the court might have taken the Windsor case because the Second Circuit Court of Appeals applied heightened scrutiny to sexual orientation classifications, whereas the First Circuit's Gill v. Office of Personnel Management decision applied only rational basis review. But, more likely, the court might have taken Windsor and not Gill because all nine justices could participate in the case. It was widely believed that Justice Kagan would have recused herself from Gill given her role in the Obama administration during deliberations regarding that case.

[Read the complete story here.]

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November 1, 2011

Professor Katie Pratt discussed the tax consequences of sex-reassignment surgery at the Loyola of Los Angeles Law Review symposium, "LGBT Identity & the Law."

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October 26, 2011


Loyola Law School and the Loyola of Los Angeles Law Review hosted a daylong discussion of the most pressing issues facing the gay, lesbian and transgender community during the symposium "LGBT Identity and the Law" on Friday, Oct. 21 on Loyola's downtown L.A. campus. Antidiscrimination, constitutional culture, healthcare and family issues will be the focus of four panel discussions. The keynote speaker was Dr. Gary Gates, Williams Distinguished Scholar, The Williams Institute, UCLA School of Law.

"Speakers addressed how sexual orientation issues are shaping constitutional law and politics, how antidiscrimination law both protects and fails to protect sexual minorities, how issues around healthcare access and medical care shape the lives of transgender and intersex individuals, and how the law recognizes and regulates families headed by same-sex couples," said Associate Professor Doug NeJaime, an organizer and moderator of the symposium. "Not only did the panelists chart the trajectory of the LGBT rights movement, they provided fresh commentary and presented new research on current and emerging issues that will shape the future of LGBT rights litigation, policy work and scholarship."


8:45-9:00 A.M. | WELCOME
Victor J. Gold, Fritz B. Burns Dean and Professor of Law, Loyola Law School; Senior Vice President, Loyola Marymount University


Moderator: James Gilliam, Deputy Executive Director, ACLU of Southern California; Adjunct Professor, Loyola Law School

Cary Franklin, Assistant Professor of Law, University of Texas at Austin School of Law

Holning Lau, Associate Professor of Law, University of North Carolina School of Law

Jennifer Pizer, Legal Director and Arnold D. Kassoy Senior Scholar of Law, The Williams Institute, UCLA School of Law

Cliff Rosky, Associate Professor of Law, University of Utah S.J. Quinney College of Law

10:30-10:45 A.M. | BREAK


Moderator: Douglas NeJaime, Associate Professor of Law, Loyola Law School

Dale Carpenter, Earl R. Larson Professor of Civil Rights and Civil Liberties Law, University of Minnesota Law School

Jon Davidson, Legal Director, Lambda Legal

Julie Nice, Herbst Foundation Professor of Law, University of San Francisco School of Law

12:15-1:45 P.M. | LUNCH

Keynote: Dr. Gary Gates, Williams Distinguished Scholar, The Williams Institute, UCLA School of Law


Moderator: Brietta Clark, Professor of Law, Loyola Law School

Julie Greenberg, Professor of Law, Thomas Jefferson School of Law

Ilan Meyer, Ph.D., Williams Senior Scholar for Public Policy, The Williams Institute, UCLA School of Law

Katie Pratt, Professor of Law, Loyola Law School

Brad Sears, Executive Director and Roberta A. Conroy Scholar of Law and Policy, The Williams Institute, UCLA School of Law

3:15-3:30 P.M. | BREAK


Moderator: Jennifer Rothman, Professor of Law and Joseph Scott Fellow, Loyola Law School

Courtney Joslin, Acting Professor of Law, UC Davis School of Law

Melissa Murray, Professor of Law, Berkeley Law

Nancy Polikoff, Professor of Law, American University Washington College of Law; McDonald/Wright Visiting Chair of Law and Faculty Chair, The Williams Institute, UCLA School of Law

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