Podcast
Questions and Answers
What is the central premise of Natural Law as described in the content?
What is the central premise of Natural Law as described in the content?
- Morality is derived from an unchanging and universal natural order. (correct)
- Morality arises from societal norms and individual opinions.
- Morality is solely determined by legal statutes.
- Morality is subjective and varies across cultures.
What is one critique of the Natural Law perspective on sexuality?
What is one critique of the Natural Law perspective on sexuality?
- It enforces a rigid framework limiting understanding of sexuality. (correct)
- It lacks a correlation with governmental regulations.
- It promotes inclusivity by valuing diverse sexualities.
- It ignores historical contexts of different cultures.
Which of the following is NOT one of the 'basic goods' defined by the natural justice system?
Which of the following is NOT one of the 'basic goods' defined by the natural justice system?
- Worship or Seek God
- Life
- Recreation (correct)
- Education
How does the Natural Law view of sexuality describe the purpose of marriage?
How does the Natural Law view of sexuality describe the purpose of marriage?
What are potential consequences of adhering to the Natural Law principles as outlined?
What are potential consequences of adhering to the Natural Law principles as outlined?
What is the primary focus of formal equality in legal contexts?
What is the primary focus of formal equality in legal contexts?
Which case established the precedent for recognizing gender discrimination as a violation of equal protection?
Which case established the precedent for recognizing gender discrimination as a violation of equal protection?
What term did Pauli Murray coin to describe the dual discrimination faced by Black women?
What term did Pauli Murray coin to describe the dual discrimination faced by Black women?
What critique is associated with the liberal approach to gender equality?
What critique is associated with the liberal approach to gender equality?
Which of the following best represents the post-liberal approach to gender equality?
Which of the following best represents the post-liberal approach to gender equality?
What theme does 'The Feminine Mystique' primarily address?
What theme does 'The Feminine Mystique' primarily address?
MacKinnon's contributions to feminist legal theory primarily focus on what aspect?
MacKinnon's contributions to feminist legal theory primarily focus on what aspect?
What is a key characteristic of intersectional feminism?
What is a key characteristic of intersectional feminism?
Robin West argues that law must acknowledge which distinct experiences?
Robin West argues that law must acknowledge which distinct experiences?
An important critique of post-liberalism is its potential to lead to what?
An important critique of post-liberalism is its potential to lead to what?
What is the primary aim of decriminalization of sex work?
What is the primary aim of decriminalization of sex work?
Which of the following best describes the Nordic model regarding sex work?
Which of the following best describes the Nordic model regarding sex work?
What does the term 'suspect classification' refer to?
What does the term 'suspect classification' refer to?
In which case did the Supreme Court invalidate the Defense of Marriage Act (DOMA)?
In which case did the Supreme Court invalidate the Defense of Marriage Act (DOMA)?
What level of scrutiny is the highest and requires a compelling government interest?
What level of scrutiny is the highest and requires a compelling government interest?
What is a significant drawback of the legalization model of sex work?
What is a significant drawback of the legalization model of sex work?
Radical feminists argue that sex work is inherently what?
Radical feminists argue that sex work is inherently what?
What do advocates argue should be the level of scrutiny for laws discriminating based on sexual orientation?
What do advocates argue should be the level of scrutiny for laws discriminating based on sexual orientation?
What is a consequence of jurisdictions that expose sex workers to exploitation?
What is a consequence of jurisdictions that expose sex workers to exploitation?
What is the main focus of harm reduction strategies in sex work policies?
What is the main focus of harm reduction strategies in sex work policies?
What does the concept of social construction suggest about aspects of reality?
What does the concept of social construction suggest about aspects of reality?
How is stigma related to LGBTQ+ individuals primarily characterized?
How is stigma related to LGBTQ+ individuals primarily characterized?
Which example best illustrates 'biopower' as defined by Michel Foucault?
Which example best illustrates 'biopower' as defined by Michel Foucault?
What does Rubin's Charmed Circle primarily categorize?
What does Rubin's Charmed Circle primarily categorize?
What was a significant outcome of Lawrence v. Texas?
What was a significant outcome of Lawrence v. Texas?
What is the significance of gender self-determination?
What is the significance of gender self-determination?
What does sexual identity formation primarily involve?
What does sexual identity formation primarily involve?
What does the double bind concept illustrate?
What does the double bind concept illustrate?
What aspect of law did Romer v. Evans significantly target?
What aspect of law did Romer v. Evans significantly target?
What does Butler's view on gender suggest?
What does Butler's view on gender suggest?
How do gender abolitionists critique gender classification systems?
How do gender abolitionists critique gender classification systems?
In the context of sexuality and economics, what does Becker's model suggest?
In the context of sexuality and economics, what does Becker's model suggest?
What does the term 'trans stigma' encompass?
What does the term 'trans stigma' encompass?
What is a main critique of Judith Butler's theory of gender performativity?
What is a main critique of Judith Butler's theory of gender performativity?
How do 'No promo homo' laws affect LGBTQ+ youth?
How do 'No promo homo' laws affect LGBTQ+ youth?
What is the focus of Mackinnon’s argument regarding sexuality?
What is the focus of Mackinnon’s argument regarding sexuality?
What does the concept of abolitionism focus on?
What does the concept of abolitionism focus on?
Why are double binds more pronounced for individuals with multiple marginalized identities?
Why are double binds more pronounced for individuals with multiple marginalized identities?
What legislative approach does the Nordic Model advocate regarding sex work?
What legislative approach does the Nordic Model advocate regarding sex work?
What does the 'charmed circle' reveal about societal views on sexuality?
What does the 'charmed circle' reveal about societal views on sexuality?
What is the common theme among critiques of binary gender frameworks?
What is the common theme among critiques of binary gender frameworks?
What role do institutions play in the concept of biopower?
What role do institutions play in the concept of biopower?
How does the economic view of sexuality assess sexual behavior?
How does the economic view of sexuality assess sexual behavior?
What is the primary concern with medical interventions for intersex individuals?
What is the primary concern with medical interventions for intersex individuals?
What is a significant consequence of stigma in professions like sex work?
What is a significant consequence of stigma in professions like sex work?
What does the liberal approach to sexuality typically advocate?
What does the liberal approach to sexuality typically advocate?
Which of the following represents a critique of Mackinnon's views on pornography?
Which of the following represents a critique of Mackinnon's views on pornography?
Which principle underlies utilitarian views on the regulation of sexuality?
Which principle underlies utilitarian views on the regulation of sexuality?
What characterizes a law as underinclusive?
What characterizes a law as underinclusive?
What is an example of a law that is considered overinclusive?
What is an example of a law that is considered overinclusive?
Under what level of scrutiny must the government demonstrate a close fit between means and ends?
Under what level of scrutiny must the government demonstrate a close fit between means and ends?
The NAACP v. Alabama case reinforced the right to what constitutional principle?
The NAACP v. Alabama case reinforced the right to what constitutional principle?
What did the Boy Scouts of America v. Dale case demonstrate?
What did the Boy Scouts of America v. Dale case demonstrate?
Which law addressed discrimination against individuals with disabilities?
Which law addressed discrimination against individuals with disabilities?
What do underinclusiveness and overinclusiveness imply in terms of legality?
What do underinclusiveness and overinclusiveness imply in terms of legality?
What was a major result of the Obergefell case?
What was a major result of the Obergefell case?
What is the role of courts in the context of anti-discrimination laws?
What is the role of courts in the context of anti-discrimination laws?
How did Title IX contribute to anti-discrimination efforts?
How did Title IX contribute to anti-discrimination efforts?
What is the primary focus of the incremental approach to social change in law?
What is the primary focus of the incremental approach to social change in law?
Which legal strategy did RBG employ in her fight against gender discrimination?
Which legal strategy did RBG employ in her fight against gender discrimination?
What was Pauli Murray's significant contribution to sex discrimination law?
What was Pauli Murray's significant contribution to sex discrimination law?
What does the concept of bisexual erasure refer to?
What does the concept of bisexual erasure refer to?
How do legal frameworks often portray individuals with disabilities regarding sexuality?
How do legal frameworks often portray individuals with disabilities regarding sexuality?
Which critique regarding sexuality emerged from Foucault's theories?
Which critique regarding sexuality emerged from Foucault's theories?
What does a minoritizing strategy in Sedgwick's framework emphasize?
What does a minoritizing strategy in Sedgwick's framework emphasize?
What does the term 'double discrimination' imply for bisexual individuals?
What does the term 'double discrimination' imply for bisexual individuals?
What is one of the consequences of laws restricting the rights of individuals with disabilities?
What is one of the consequences of laws restricting the rights of individuals with disabilities?
Which aspect of social constructionism rejects essentialism?
Which aspect of social constructionism rejects essentialism?
What is the primary distinction between conjugal and hedonic sexualities?
What is the primary distinction between conjugal and hedonic sexualities?
What does the libertarian view on state intervention emphasize?
What does the libertarian view on state intervention emphasize?
Which principle of liberalism focuses on the moral equality of individuals?
Which principle of liberalism focuses on the moral equality of individuals?
What effect does the 'Billy Graham rule' have on women in the workplace?
What effect does the 'Billy Graham rule' have on women in the workplace?
How does John Stuart Mill view the concept of polygamy?
How does John Stuart Mill view the concept of polygamy?
What legal precedent established a constitutional right to privacy in reproductive decisions?
What legal precedent established a constitutional right to privacy in reproductive decisions?
What relationship does Sanger’s Planned Parenthood movement have with women’s health?
What relationship does Sanger’s Planned Parenthood movement have with women’s health?
What is a core argument against the criminalization of sexual activities in a libertarian framework?
What is a core argument against the criminalization of sexual activities in a libertarian framework?
Which approach views non-procreative sexual acts as suspect?
Which approach views non-procreative sexual acts as suspect?
What is Bentham's view on the law regarding consensual sodomy?
What is Bentham's view on the law regarding consensual sodomy?
How does the atheistic approach to sexuality differ from traditional views?
How does the atheistic approach to sexuality differ from traditional views?
What does the liberal view advocate in terms of state intervention?
What does the liberal view advocate in terms of state intervention?
Which of the following is a characteristic of sexual conduct as defined in the context provided?
Which of the following is a characteristic of sexual conduct as defined in the context provided?
In the context of sexual autonomy, what does 'compulsory motherhood' refer to?
In the context of sexual autonomy, what does 'compulsory motherhood' refer to?
What did Dobbs v Jackson Women’s Health Organization achieve?
What did Dobbs v Jackson Women’s Health Organization achieve?
What does the binary framework of biological sex traditionally assume?
What does the binary framework of biological sex traditionally assume?
What is the concept of performativity associated with in the context of biological sex?
What is the concept of performativity associated with in the context of biological sex?
In the framework of intersectionality, what does Crenshaw analyze?
In the framework of intersectionality, what does Crenshaw analyze?
How did the term 'homosexual' shift in social perception according to Foucault?
How did the term 'homosexual' shift in social perception according to Foucault?
Which case significantly expanded the right to privacy into reproductive autonomy?
Which case significantly expanded the right to privacy into reproductive autonomy?
What was the primary focus of the Eisenstadt v. Baird case?
What was the primary focus of the Eisenstadt v. Baird case?
What issue does the Dobbs v. Jackson Women’s Health Organization decision primarily address?
What issue does the Dobbs v. Jackson Women’s Health Organization decision primarily address?
What major concern arises from the state's response to pregnancy outcomes in restrictive states?
What major concern arises from the state's response to pregnancy outcomes in restrictive states?
Which of the following best describes the 'chilling effect' on healthcare providers post-Dobbs decision?
Which of the following best describes the 'chilling effect' on healthcare providers post-Dobbs decision?
How can the logic used in the Dobbs decision potentially threaten other rights?
How can the logic used in the Dobbs decision potentially threaten other rights?
What does the anti-essentialist critique within critical race theory emphasize?
What does the anti-essentialist critique within critical race theory emphasize?
What characterizes Foucault’s concept of biopower?
What characterizes Foucault’s concept of biopower?
What is a significant implication of the criminalization of sex work?
What is a significant implication of the criminalization of sex work?
Which amendment established the foundational principle for the right to privacy?
Which amendment established the foundational principle for the right to privacy?
What are intersex individuals typically subjected to in medical settings?
What are intersex individuals typically subjected to in medical settings?
Which of the following best describes the implications of binary gender systems for intersex individuals?
Which of the following best describes the implications of binary gender systems for intersex individuals?
What has the United Nations advocated regarding medical interventions on intersex children?
What has the United Nations advocated regarding medical interventions on intersex children?
What challenge is highlighted by the case of Caster Semenya?
What challenge is highlighted by the case of Caster Semenya?
What topic do the critical theories mentioned address in relation to LGBT contexts?
What topic do the critical theories mentioned address in relation to LGBT contexts?
What vulnerability do intersex individuals face under current legal frameworks?
What vulnerability do intersex individuals face under current legal frameworks?
How do non-consensual medical interventions impact intersex individuals?
How do non-consensual medical interventions impact intersex individuals?
What overarching question does the case of Caster Semenya raise regarding competitive sports?
What overarching question does the case of Caster Semenya raise regarding competitive sports?
What strategy focuses on specific rights and needs of LGBTQ+ individuals?
What strategy focuses on specific rights and needs of LGBTQ+ individuals?
How does queerness challenge the framework of same-sex marriage?
How does queerness challenge the framework of same-sex marriage?
Which term describes the societal advantages experienced by cisgender individuals?
Which term describes the societal advantages experienced by cisgender individuals?
What is the key argument in the Obergefell v. Hodges ruling?
What is the key argument in the Obergefell v. Hodges ruling?
What does subconscious sex refer to?
What does subconscious sex refer to?
Which of these describes a major criticism of same-sex marriage from a queer theory perspective?
Which of these describes a major criticism of same-sex marriage from a queer theory perspective?
What is a common argument used in favor of same-sex marriage?
What is a common argument used in favor of same-sex marriage?
Which legal case was pivotal in the incremental victories for same-sex marriage before Obergefell v. Hodges?
Which legal case was pivotal in the incremental victories for same-sex marriage before Obergefell v. Hodges?
Which of the following best describes the purpose of minoritizing strategies?
Which of the following best describes the purpose of minoritizing strategies?
What is a concern regarding the focus on same-sex marriage within LGBTQ+ advocacy?
What is a concern regarding the focus on same-sex marriage within LGBTQ+ advocacy?
In which significant case was DOMA struck down?
In which significant case was DOMA struck down?
Which aspect of marriage does queer theory often critique?
Which aspect of marriage does queer theory often critique?
What does universalizing strategy aim to achieve?
What does universalizing strategy aim to achieve?
What major legal principle was established in Masterpiece Cakeshop v. Colorado Civil Rights Commission?
What major legal principle was established in Masterpiece Cakeshop v. Colorado Civil Rights Commission?
How does the concept of intersectionality as coined by Kimberlé Crenshaw relate to discrimination?
How does the concept of intersectionality as coined by Kimberlé Crenshaw relate to discrimination?
Which case broadened the understanding of 'sex discrimination' under Title VII to include gender nonconformity?
Which case broadened the understanding of 'sex discrimination' under Title VII to include gender nonconformity?
What does the concept of family equality advocate for?
What does the concept of family equality advocate for?
What significant legal outcome did Obergefell v. Hodges achieve?
What significant legal outcome did Obergefell v. Hodges achieve?
In what way do LGBTQ+ rights advocates draw parallels to the civil rights movement?
In what way do LGBTQ+ rights advocates draw parallels to the civil rights movement?
What legal act emphasizes the importance of access and inclusion for individuals with disabilities?
What legal act emphasizes the importance of access and inclusion for individuals with disabilities?
Which case recognized HIV as a disability under the Americans with Disabilities Act?
Which case recognized HIV as a disability under the Americans with Disabilities Act?
What is the main critique of prioritizing marriage within LGBTQ+ advocacy?
What is the main critique of prioritizing marriage within LGBTQ+ advocacy?
What does the term 'kinship' encompass?
What does the term 'kinship' encompass?
What was the significance of the case Reed v. Reed?
What was the significance of the case Reed v. Reed?
What is a common element that connects disability rights and LGBTQ+ rights?
What is a common element that connects disability rights and LGBTQ+ rights?
What concept challenges traditional family notions by advocating for recognition of diverse family forms?
What concept challenges traditional family notions by advocating for recognition of diverse family forms?
What does gestational surrogacy involve?
What does gestational surrogacy involve?
What is a major reason traditional surrogacy is less common than other forms of surrogacy?
What is a major reason traditional surrogacy is less common than other forms of surrogacy?
What ethical concern arises from the financial disparity between surrogates and intended parents?
What ethical concern arises from the financial disparity between surrogates and intended parents?
Which issue has historically affected LGBTQ+ individuals in matters of adoption and custody determinations?
Which issue has historically affected LGBTQ+ individuals in matters of adoption and custody determinations?
What was the significance of the Supreme Court case Obergefell v. Hodges (2015)?
What was the significance of the Supreme Court case Obergefell v. Hodges (2015)?
How do critics of commercial surrogacy view the practice concerning women's bodies?
How do critics of commercial surrogacy view the practice concerning women's bodies?
Which of the following best describes polyparenting or multiparentage?
Which of the following best describes polyparenting or multiparentage?
What term did Pauli Murray coin to describe the discrimination faced by women of color?
What term did Pauli Murray coin to describe the discrimination faced by women of color?
In the case Palmore v. Sidoti (1984), what principle was highlighted regarding custody decisions?
In the case Palmore v. Sidoti (1984), what principle was highlighted regarding custody decisions?
What concern is associated with international surrogacy arrangements involving economically disadvantaged surrogates?
What concern is associated with international surrogacy arrangements involving economically disadvantaged surrogates?
What role did Pauli Murray play in advocating for gender equality in legal frameworks?
What role did Pauli Murray play in advocating for gender equality in legal frameworks?
Which legal conflict can arise in traditional surrogacy agreements?
Which legal conflict can arise in traditional surrogacy agreements?
What is a common issue in courts regarding LGBTQ+ parent custody issues?
What is a common issue in courts regarding LGBTQ+ parent custody issues?
The financial concerns associated with surrogacy are most pronounced in which context?
The financial concerns associated with surrogacy are most pronounced in which context?
What tangible harms did denying same-sex couples the right to marry create?
What tangible harms did denying same-sex couples the right to marry create?
What argument did opponents use to justify their stance against same-sex marriage?
What argument did opponents use to justify their stance against same-sex marriage?
Which landmark Supreme Court case legalized same-sex marriage across the United States?
Which landmark Supreme Court case legalized same-sex marriage across the United States?
Which argument related to religious beliefs was dismissed in court regarding same-sex marriage?
Which argument related to religious beliefs was dismissed in court regarding same-sex marriage?
What did opponents fear would be a consequence of legalizing same-sex marriage?
What did opponents fear would be a consequence of legalizing same-sex marriage?
What is a critique associated with the push for same-sex marriage?
What is a critique associated with the push for same-sex marriage?
How did Obergefell v. Hodges impact the discussion on marriage and identity?
How did Obergefell v. Hodges impact the discussion on marriage and identity?
Which case established a constitutional right to privacy concerning marital relationships?
Which case established a constitutional right to privacy concerning marital relationships?
Which key aspect of discrimination is addressed in Romer v. Evans?
Which key aspect of discrimination is addressed in Romer v. Evans?
What aspect of discrimination did Lawrence v. Texas address?
What aspect of discrimination did Lawrence v. Texas address?
What has been a current challenge for LGBTQ+ individuals despite the Obergefell ruling?
What has been a current challenge for LGBTQ+ individuals despite the Obergefell ruling?
How has public opinion shifted regarding same-sex marriage?
How has public opinion shifted regarding same-sex marriage?
What type of discrimination is represented by penalizing individuals for their identity traits?
What type of discrimination is represented by penalizing individuals for their identity traits?
Which Supreme Court case expanded the interpretation of Title VII to include discrimination based on sexual orientation?
Which Supreme Court case expanded the interpretation of Title VII to include discrimination based on sexual orientation?
What was a central argument against the legal recognition of same-sex marriages?
What was a central argument against the legal recognition of same-sex marriages?
Flashcards
Natural Law
Natural Law
The idea that morality comes from an unchanging and universal order inherent in nature itself, rather than from human laws or customs.
Theistic approach to Natural Law
Theistic approach to Natural Law
A belief system where following the laws of nature is morally correct, often linked to a religious understanding.
Basic Goods (Natural Law)
Basic Goods (Natural Law)
The concept of a ‘basic good’ refers to fundamental values or principles that form the foundation of natural justice.
Natural Law & Sexuality
Natural Law & Sexuality
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Gender and Sexuality under Natural Law
Gender and Sexuality under Natural Law
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Sexual Identity Formation
Sexual Identity Formation
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Sexual Identity vs. Conduct
Sexual Identity vs. Conduct
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Singer v. U.S. Civil Service Commission
Singer v. U.S. Civil Service Commission
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Conduct without Identity
Conduct without Identity
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Identity without Conduct
Identity without Conduct
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Utilitarianism
Utilitarianism
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Utilitarian View on Sexuality
Utilitarian View on Sexuality
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Utilitarian View on Sex Work
Utilitarian View on Sex Work
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Utilitarian View on Reproductive Rights
Utilitarian View on Reproductive Rights
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Economic Views on Sexuality
Economic Views on Sexuality
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Rational Choice Theory
Rational Choice Theory
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Free Market and Sexuality
Free Market and Sexuality
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Public Welfare and Sexuality
Public Welfare and Sexuality
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Posner's Economic Theory of Sexuality
Posner's Economic Theory of Sexuality
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Becker's Economic Model of Family Formation
Becker's Economic Model of Family Formation
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Sexuality Under Natural Law
Sexuality Under Natural Law
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Conjugal Sexuality
Conjugal Sexuality
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Atheistic Approach to Sexuality
Atheistic Approach to Sexuality
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Libertarianism and Sexuality
Libertarianism and Sexuality
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Liberalism and Individual Liberty
Liberalism and Individual Liberty
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Human Equality in Liberalism
Human Equality in Liberalism
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Jeremy Bentham and Sexuality
Jeremy Bentham and Sexuality
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Thomas Hobbes and State Power
Thomas Hobbes and State Power
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Mill’s Harm Principle
Mill’s Harm Principle
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Natural Law and State Intervention
Natural Law and State Intervention
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Reproductive Health and Sexuality
Reproductive Health and Sexuality
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Griswold v. Connecticut and Roe v. Wade
Griswold v. Connecticut and Roe v. Wade
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The “Billy Graham Rule”
The “Billy Graham Rule”
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Sexual Conduct
Sexual Conduct
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Obergefell v. Hodges
Obergefell v. Hodges
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Formal Equality
Formal Equality
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Reed v. Reed
Reed v. Reed
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Sameness Argument
Sameness Argument
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Post-Liberal Equality
Post-Liberal Equality
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Intersectionality
Intersectionality
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Catharine MacKinnon
Catharine MacKinnon
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Robin West
Robin West
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Critiques of Post-Liberalism
Critiques of Post-Liberalism
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Critique of Liberal Approaches
Critique of Liberal Approaches
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Jane Crow
Jane Crow
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Social Construction
Social Construction
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Stigma
Stigma
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LGBTQ+ Stigma
LGBTQ+ Stigma
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Biopower
Biopower
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Charmed Circle
Charmed Circle
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Gender Self-Determination
Gender Self-Determination
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Abolitionist Frameworks
Abolitionist Frameworks
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Double Bind
Double Bind
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Gendered Expectations (Double Bind)
Gendered Expectations (Double Bind)
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LGBTQ+ Double Bind
LGBTQ+ Double Bind
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Anti-abortion Laws (Double Bind)
Anti-abortion Laws (Double Bind)
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Gender Identity Laws (Double Bind)
Gender Identity Laws (Double Bind)
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Transmisogyny
Transmisogyny
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Gender Essentialism
Gender Essentialism
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Suspect Classification
Suspect Classification
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Sexual Orientation & Scrutiny
Sexual Orientation & Scrutiny
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Sexual Orientation as Suspect Classification
Sexual Orientation as Suspect Classification
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Nordic Model
Nordic Model
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Decriminalization
Decriminalization
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Legalization
Legalization
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Criminalization of Sex Work
Criminalization of Sex Work
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Moral Absolutism
Moral Absolutism
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Underinclusive Law
Underinclusive Law
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Overinclusive Law
Overinclusive Law
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Expressive Association Right
Expressive Association Right
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NAACP v. Alabama
NAACP v. Alabama
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Roberts v. United States Jaycees
Roberts v. United States Jaycees
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Boy Scouts of America v. Dale
Boy Scouts of America v. Dale
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Proactive Lawmaking
Proactive Lawmaking
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Judicial Enforcement
Judicial Enforcement
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Recognizing Implicit Rights
Recognizing Implicit Rights
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Judicial Review
Judicial Review
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Binary Framework of Biological Sex
Binary Framework of Biological Sex
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Intersex Individuals
Intersex Individuals
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Social Construction of Biological Sex
Social Construction of Biological Sex
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Performativity of Gender
Performativity of Gender
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Biopower and Biological Sex
Biopower and Biological Sex
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Critical Race Feminism
Critical Race Feminism
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The Creation of the 'Homosexual Species'
The Creation of the 'Homosexual Species'
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Right to Privacy
Right to Privacy
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Roe v. Wade
Roe v. Wade
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Implications of Criminalizing Sex Work
Implications of Criminalizing Sex Work
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Critiques of Criminalizing Sex Work
Critiques of Criminalizing Sex Work
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Incremental Approach to Social Change
Incremental Approach to Social Change
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Equal Protection Clause and Sex Discrimination
Equal Protection Clause and Sex Discrimination
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Social Construction of Sexuality
Social Construction of Sexuality
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Bisexual Erasure
Bisexual Erasure
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Minoritizing Strategy
Minoritizing Strategy
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Desexualization of People with Disabilities
Desexualization of People with Disabilities
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The Billy Graham Rule
The Billy Graham Rule
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Universalizing Strategy
Universalizing Strategy
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Intersex
Intersex
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Intersex Medical Interventions
Intersex Medical Interventions
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Reed v. Reed (1971)
Reed v. Reed (1971)
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Binary Gender System
Binary Gender System
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Testosterone and Athletic Performance
Testosterone and Athletic Performance
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Ethical and Legal Challenges
Ethical and Legal Challenges
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Interwoven Structures
Interwoven Structures
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Queer Critique of Marriage
Queer Critique of Marriage
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Cis Privilege
Cis Privilege
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Subconscious Sex
Subconscious Sex
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Same-Sex Marriage: Early Challenges
Same-Sex Marriage: Early Challenges
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Defense of Marriage Act (DOMA)
Defense of Marriage Act (DOMA)
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Baker v. Nelson (1971)
Baker v. Nelson (1971)
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Baehr v. Lewin (1993)
Baehr v. Lewin (1993)
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Goodridge v. Department of Public Health (2003)
Goodridge v. Department of Public Health (2003)
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United States v. Windsor (2013)
United States v. Windsor (2013)
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Obergefell v. Hodges (2015)
Obergefell v. Hodges (2015)
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Winning Arguments for Same-Sex Marriage
Winning Arguments for Same-Sex Marriage
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Family Equality
Family Equality
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Kinship
Kinship
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Marriage
Marriage
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Identity vs. Conduct
Identity vs. Conduct
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Biological Essentialism
Biological Essentialism
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Shared Human Experience
Shared Human Experience
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Economic and Legal Harms
Economic and Legal Harms
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Public Opinion Shift
Public Opinion Shift
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Defining Marriage as Heterosexual
Defining Marriage as Heterosexual
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Legacy and Current Challenges
Legacy and Current Challenges
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Traditional Surrogacy
Traditional Surrogacy
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Legal Frameworks and Challenges in Surrogacy
Legal Frameworks and Challenges in Surrogacy
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Legal Parentage in Surrogacy
Legal Parentage in Surrogacy
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Commodification of Women's Bodies in Surrogacy
Commodification of Women's Bodies in Surrogacy
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Exploitation and Power Dynamics in Surrogacy
Exploitation and Power Dynamics in Surrogacy
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Liberal Feminist Perspective on Surrogacy
Liberal Feminist Perspective on Surrogacy
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Poly Parenting & Multiparentage
Poly Parenting & Multiparentage
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Multiparentage in LGBTQ+ Families
Multiparentage in LGBTQ+ Families
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Poly Parenting in Blended Families
Poly Parenting in Blended Families
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Poly Parenting in Intentional Communities
Poly Parenting in Intentional Communities
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Co-Parenting Agreements
Co-Parenting Agreements
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Historical Bias Against LGBTQ+ Adoption
Historical Bias Against LGBTQ+ Adoption
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Obergefell v. Hodges & LGBTQ+ Adoption
Obergefell v. Hodges & LGBTQ+ Adoption
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Religious Freedom Exemptions & LGBTQ+ Adoption
Religious Freedom Exemptions & LGBTQ+ Adoption
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Palmore v. Sidoti and LGBTQ+ Families
Palmore v. Sidoti and LGBTQ+ Families
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Pavan v. Smith & Parental Rights
Pavan v. Smith & Parental Rights
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Study Notes
The Holding of the Case
- Case holdings are specific rulings in legal cases, clarifying the outcome and the reasoning behind it.
Central Conflicts in Cases
- Conflicts frequently arise when legal decisions clash with existing case law, constitutional principles, or broader societal values.
- Cases may implicate conflicts between individual rights and societal norms.
- Disputes over constitutional liberties, like those surrounding sexuality and reproductive rights, are prevalent.
Impact of Cases on Plaintiffs
- Court rulings significantly affect plaintiffs and similarly situated individuals by either affirming or denying their rights and protections.
- These impacts can encompass legal, social, and economic spheres.
Differences from Prior Case Law
- Case law often evolves and revisits precedents, thus differing from prior rulings based on new interpretations, evidence, or societal shifts.
Critiques of Cases
- Legal decisions face critiques regarding their reasoning, applicability to diverse circumstances, and consistency with underlying principles.
- Critiques may arise from differing legal perspectives, like feminist, critical race, natural law, and libertarian approaches.
Advantages and Disadvantages of Holdings
- Legal holdings, while offering some benefits, can have drawbacks affecting societal groups or individuals differently.
Dominant Theories and Case Analysis
- Natural law, libertarianism, liberalism, utilitarianism, and economic theories provide varied lenses for analyzing cases concerning sexuality, rights, and state intervention.
Intersectionality and Identity
- Legal cases involving sexuality often intersect with issues of race, gender, disability, and class, leading to complex and nuanced outcomes.
Incentives Created by Cases
- Court rulings may incentivize or discourage specific behaviors depending on the protections or penalties associated with them.
Themes and Theories: Natural Law
- Natural law theory suggests morality derives from a universal, unchanging natural order.
- A theistic approach views adherence to natural law as inherently moral, while a non-theistic approach focuses on fundamental goods identified by natural law.
- Natural law theories often define distinct spheres for men and women, primarily centering around procreation, with marriage as the only sanctioned sexual union.
Themes and Theories: Libertarianism
- Libertarianism stresses individual autonomy and limited state intervention, except in cases where harm to others is evident.
- For instance consent-based consensual interactions are supported, even if they do not align with societal norms.
Themes and Theories: Liberalism
- Liberalism champions human equality, individual liberty, and the self as an autonomous rational agent.
- It emphasizes a focus each person's own pursuit of the "good life."
Themes and Theories: Utilitarianism
- Utilitarianism evaluates actions based on their consequences, aiming to maximize overall happiness and welfare.
- Considerations often include public health and economic utility when evaluating legal and social policy related to sexuality.
Themes and Theories: Feminism
- Feminism, particularly intersectional feminism, argues that law and society often perpetuate gender inequalities, which extend to sexuality.
- It critiques traditional constructs and recognizes that women and LGBTQ+ individuals may experience distinct forms of discrimination.
Themes and Theories: Critical Race Theory
- CRT analyzes law and social structures to understand racial biases and the ways they interact with other forms of inequality, including those associated with sexuality.
- It challenges dominant narratives and seeks to dismantle structures that perpetuate power imbalances.
Themes and Theories: Social Constructionism
- Social constructionism argues that aspects of reality, including sexuality and gender, are shaped by social context, culture, and power structures.
- Legal systems often reflect and reinforce social constructs, which can perpetuate inequality or discrimination.
Case Study: Privacy Rights
- Griswold v. Connecticut: Court recognized a right to privacy related to contraception for married couples.
- Eisenstadt v. Baird: Expanded the right to privacy to encompass individual access to contraceptives, decoupling it from marriage.
- Roe v. Wade: Established a crucial right to bodily autonomy and reproductive freedom.
- Dobbs v. Jackson Women’s Health Organization: Overturned Roe, shifting abortion regulation to the state level.
- Lawrence v. Texas: Decriminalized same-sex relations, emphasizing privacy in sexual conduct.
- Obergefell v. Hodges: Recognized a right for same-sex marriage nationwide, anchoring it in privacy rights.
Case Study: LGBTQ+ Rights
- Romer v. Evans: Established that laws targeting LGBTQ+ individuals must be rationally related to a legitimate government purpose.
- United States v. Windsor: Invalidated the Defense of Marriage Act (DOMA), advancing LGBTQ+ rights.
- Obergefell v. Hodges: Legalized same-sex marriage nationwide, affirming the right to marry as a fundamental right.
- Bostock v. Clayton County: Expanded Title VII protections to include sexual orientation and gender identity, extending legal safeguards to the workplace.
Social Construction of Sexuality
- Societal norms and power structures influence the definition of sexuality, shaping how society perceives and regulates sexual behaviors and identities.
Stigma and Biopower in Legal Systems
- Stigma related to sexuality and gender often intersects with biopower, where states exert control over bodies through laws, institutions, and norms.
The Charmed Cultural Circle
- Societal categorizations and hierarchies position certain sexual behaviors and identities as acceptable and others as deviant.
- Those outside the charmed circle face marginalization and discrimination.
Gender Self-Determination
- This emphasizes individual autonomy in defining and expressing gender identities independently of societal norms or expectations.
Double Bind Concepts
- Double binds refer to conflicting societal expectations or pressures that individuals face, particularly those of marginalized groups, making it impossible to satisfy both expectations.
LGBTQ+ Protections and Discrimination
- Courts are increasingly recognizing LGBTQ+ rights, but significant challenges remain in achieving full equality.
- Different levels of scrutiny (rational basis, intermediate, strict scrutiny) apply to laws affecting LGBTQ+ individuals in legal cases.
Social Construction of Sexuality
- Legal and cultural norms play a role in creating and reinforcing ideas about sexuality, impacting how individuals act within the framework of societal norms and expectations.
The Role of Legislature vs Courts
- Legislatures create laws; courts interpret them and sometimes overturn them in light of legal challenges, particularly in areas like LGBTQ+ rights.
Antidiscrimination Protections
- Multiple legal frameworks, like Title VII of the Civil Rights Act and the Americans with Disabilities Act, address discrimination in various spheres.
Intersectionality in Legal Cases
- Cases involving multiple marginalized identities (e.g., women of color) often highlight overlapping forms of discrimination.
Queer Theory Critiques of Marriage
- Queer theorists frequently challenge the centrality of marriage, suggesting that prioritizing it can perpetuate societal norms rather than critically examine them.
Surrogacy and Reproductive Rights
- Surrogacy arrangements raise questions about commodification of women's bodies, exploitation, and legal uncertainties concerning parentage and custody.
Polyparenting and Family Structures
- Legal and societal notions of family are being reexamined, recognizing non-nuclear, multiple-adult forms as legitimate household structures.
Pauli Murray's Contributions
- Pauli Murray's work significantly influenced legal strategies for securing racial and gender equality, foreshadowing crucial concepts later adopted by legal theorists and activists.
Intersex Concerns and Medical Interventions
- Intersex individuals often experience non-consensual medical treatments aimed at conforming to binary sex norms.
- Legal frameworks frequently fail to recognize or protect the rights of intersex individuals.
The “Charmed Circle” and Sexual Behavior
- Cultural categorizations and norms position certain sexual behaviors as privileged, while marginalizing others outside the “charmed circle.”
Case Study: Same-Sex Marriage Trajectories
- Legal arguments for and against same-sex marriage in courts have evolved over time, reflecting societal shifts in attitudes and legal interpretations.
Case Study: The Right to Privacy
- Court interpretations of the right to privacy have expanded and contracted to address issues like contraception, abortion, and LGBTQ+ rights.
Case Study: Discrimination Based on Identity
- Courts are gradually moving toward recognizing identity-based discrimination in matters of gender, sexual orientation, and religion, leading to varied legal outcomes.
Case Study: Discrimination Based on Expression
- Legal cases related to expressive association often hinge on weighing an entity's right to freely express views against antidiscrimination laws.
The Role of the Courts in Interpretation and Enforcement of Laws
- Courts review laws, often striking down discriminatory provisions, leading to precedents for future cases.
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Description
Test your understanding of Natural Law principles and their implications on sexuality and marriage. This quiz covers its central tenets, critiques, and potential consequences of adhering to its philosophy. Dive into the intricate relationship between ethics and law as defined by Natural Law.