Natural Law and Sexuality Quiz
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Questions and Answers

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?

  • 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?

  • Worship or Seek God
  • Life
  • Recreation (correct)
  • Education

How does the Natural Law view of sexuality describe the purpose of marriage?

<p>Marriage is seen as a necessary institution for male/female unions in a sexual context. (A)</p> Signup and view all the answers

What are potential consequences of adhering to the Natural Law principles as outlined?

<p>It can create exclusivity within societal groups, marginalizing those outside traditional norms. (C)</p> Signup and view all the answers

What is the primary focus of formal equality in legal contexts?

<p>Eliminating legal distinctions based on sex. (A)</p> Signup and view all the answers

Which case established the precedent for recognizing gender discrimination as a violation of equal protection?

<p>Reed v.Reed (D)</p> Signup and view all the answers

What term did Pauli Murray coin to describe the dual discrimination faced by Black women?

<p>Jane Crow (B)</p> Signup and view all the answers

What critique is associated with the liberal approach to gender equality?

<p>It risks reinforcing male-centered standards. (B)</p> Signup and view all the answers

Which of the following best represents the post-liberal approach to gender equality?

<p>Acknowledging systemic and experiential differences. (C)</p> Signup and view all the answers

What theme does 'The Feminine Mystique' primarily address?

<p>The societal expectations limiting women's identities. (A)</p> Signup and view all the answers

MacKinnon's contributions to feminist legal theory primarily focus on what aspect?

<p>Understanding sexuality's role in women's subordination. (D)</p> Signup and view all the answers

What is a key characteristic of intersectional feminism?

<p>Emphasis on the unique experiences of all women. (B)</p> Signup and view all the answers

Robin West argues that law must acknowledge which distinct experiences?

<p>Pregnancy and caregiving. (A)</p> Signup and view all the answers

An important critique of post-liberalism is its potential to lead to what?

<p>Fragmentation of feminist movements. (C)</p> Signup and view all the answers

What is the primary aim of decriminalization of sex work?

<p>To remove criminal penalties and treat sex work as a personal choice. (D)</p> Signup and view all the answers

Which of the following best describes the Nordic model regarding sex work?

<p>Decriminalizes sex workers while criminalizing clients. (B)</p> Signup and view all the answers

What does the term 'suspect classification' refer to?

<p>A category that triggers heightened judicial scrutiny for discrimination. (C)</p> Signup and view all the answers

In which case did the Supreme Court invalidate the Defense of Marriage Act (DOMA)?

<p>U.S. v. Windsor (C)</p> Signup and view all the answers

What level of scrutiny is the highest and requires a compelling government interest?

<p>Strict Scrutiny (D)</p> Signup and view all the answers

What is a significant drawback of the legalization model of sex work?

<p>It requires all workers to meet strict regulatory requirements. (C)</p> Signup and view all the answers

Radical feminists argue that sex work is inherently what?

<p>Exploitative and perpetuating patriarchal structures. (A)</p> Signup and view all the answers

What do advocates argue should be the level of scrutiny for laws discriminating based on sexual orientation?

<p>Intermediate Scrutiny (B)</p> Signup and view all the answers

What is a consequence of jurisdictions that expose sex workers to exploitation?

<p>Barriers to healthcare and social services. (B)</p> Signup and view all the answers

What is the main focus of harm reduction strategies in sex work policies?

<p>Providing support and enhancing worker safety. (B)</p> Signup and view all the answers

What does the concept of social construction suggest about aspects of reality?

<p>They are created and maintained socially. (C)</p> Signup and view all the answers

How is stigma related to LGBTQ+ individuals primarily characterized?

<p>It's rooted in societal discomfort with non-normative identities. (A)</p> Signup and view all the answers

Which example best illustrates 'biopower' as defined by Michel Foucault?

<p>Laws regulating reproductive rights. (B)</p> Signup and view all the answers

What does Rubin's Charmed Circle primarily categorize?

<p>Hierarchies of sexual behavior based on societal norms. (D)</p> Signup and view all the answers

What was a significant outcome of Lawrence v. Texas?

<p>It emphasized privacy and autonomy in consensual sexual conduct. (A)</p> Signup and view all the answers

What is the significance of gender self-determination?

<p>It allows individuals to express their identity autonomously. (C)</p> Signup and view all the answers

What does sexual identity formation primarily involve?

<p>A person's understanding and expression of their sexual orientation. (A)</p> Signup and view all the answers

What does the double bind concept illustrate?

<p>Conflicting demands that create oppressive situations. (C)</p> Signup and view all the answers

What aspect of law did Romer v. Evans significantly target?

<p>It recognized discrimination based on sexual identity. (C)</p> Signup and view all the answers

What does Butler's view on gender suggest?

<p>Gender is a performative construct shaped by societal norms. (D)</p> Signup and view all the answers

How do gender abolitionists critique gender classification systems?

<p>They argue for the elimination of gender classifications entirely. (B)</p> Signup and view all the answers

In the context of sexuality and economics, what does Becker's model suggest?

<p>Families maximize utility by specializing in different tasks. (A)</p> Signup and view all the answers

What does the term 'trans stigma' encompass?

<p>Negative perceptions tied to transmisogyny and gender essentialism. (C)</p> Signup and view all the answers

What is a main critique of Judith Butler's theory of gender performativity?

<p>It emphasizes the fluidity of gender identities. (A)</p> Signup and view all the answers

How do 'No promo homo' laws affect LGBTQ+ youth?

<p>They perpetuate stigma against LGBTQ+ youth. (B)</p> Signup and view all the answers

What is the focus of Mackinnon’s argument regarding sexuality?

<p>Sexuality organizes gender inequality where men dominate and women are subordinated. (D)</p> Signup and view all the answers

What does the concept of abolitionism focus on?

<p>Dismantling oppressive systems entirely. (A)</p> Signup and view all the answers

Why are double binds more pronounced for individuals with multiple marginalized identities?

<p>They encounter compounded conflicting demands. (D)</p> Signup and view all the answers

What legislative approach does the Nordic Model advocate regarding sex work?

<p>Decriminalizing those who sell sex while penalizing buyers. (C)</p> Signup and view all the answers

What does the 'charmed circle' reveal about societal views on sexuality?

<p>Certain behaviors are privileged while others are marginalized. (C)</p> Signup and view all the answers

What is the common theme among critiques of binary gender frameworks?

<p>Rejection of binary frameworks leads to better legal recognition. (A)</p> Signup and view all the answers

What role do institutions play in the concept of biopower?

<p>They enforce societal norms and control populations. (A)</p> Signup and view all the answers

How does the economic view of sexuality assess sexual behavior?

<p>Based on the potential costs and benefits of different sexual activities. (B)</p> Signup and view all the answers

What is the primary concern with medical interventions for intersex individuals?

<p>They often occur without informed consent to enforce binary classifications. (C)</p> Signup and view all the answers

What is a significant consequence of stigma in professions like sex work?

<p>It increases vulnerability to exploitation and violence. (D)</p> Signup and view all the answers

What does the liberal approach to sexuality typically advocate?

<p>Equality based on sameness, treating all genders identically. (B)</p> Signup and view all the answers

Which of the following represents a critique of Mackinnon's views on pornography?

<p>She reduces all interactions to male dominance without considering agency. (C)</p> Signup and view all the answers

Which principle underlies utilitarian views on the regulation of sexuality?

<p>Maximizing happiness and well-being for the greatest number of people. (D)</p> Signup and view all the answers

What characterizes a law as underinclusive?

<p>It fails to include individuals similar to those who are included. (B)</p> Signup and view all the answers

What is an example of a law that is considered overinclusive?

<p>A law prohibiting all Japanese Americans from residing on the West Coast during WWII. (B)</p> Signup and view all the answers

Under what level of scrutiny must the government demonstrate a close fit between means and ends?

<p>Strict scrutiny (C)</p> Signup and view all the answers

The NAACP v. Alabama case reinforced the right to what constitutional principle?

<p>Expressive association (A)</p> Signup and view all the answers

What did the Boy Scouts of America v. Dale case demonstrate?

<p>The tension between expressive association and anti-discrimination principles. (C)</p> Signup and view all the answers

Which law addressed discrimination against individuals with disabilities?

<p>Americans with Disabilities Act (ADA) (D)</p> Signup and view all the answers

What do underinclusiveness and overinclusiveness imply in terms of legality?

<p>They seldom affect the validity of laws. (A)</p> Signup and view all the answers

What was a major result of the Obergefell case?

<p>Expansion of equal protections under the constitution. (D)</p> Signup and view all the answers

What is the role of courts in the context of anti-discrimination laws?

<p>To interpret, enforce laws, and recognize implicit rights. (C)</p> Signup and view all the answers

How did Title IX contribute to anti-discrimination efforts?

<p>By prohibiting sex-based discrimination in federally funded programs. (A)</p> Signup and view all the answers

What is the primary focus of the incremental approach to social change in law?

<p>Building upon small victories for lasting change (C)</p> Signup and view all the answers

Which legal strategy did RBG employ in her fight against gender discrimination?

<p>Choosing cases affecting both men and women (A)</p> Signup and view all the answers

What was Pauli Murray's significant contribution to sex discrimination law?

<p>Arguing that the equal protection clause applies to sex discrimination (B)</p> Signup and view all the answers

What does the concept of bisexual erasure refer to?

<p>The tendency to ignore or de-legitimize bisexuality (C)</p> Signup and view all the answers

How do legal frameworks often portray individuals with disabilities regarding sexuality?

<p>As desexualized or incapable of desiring sexual relationships (D)</p> Signup and view all the answers

Which critique regarding sexuality emerged from Foucault's theories?

<p>Power influences the regulations and identities around sexuality (D)</p> Signup and view all the answers

What does a minoritizing strategy in Sedgwick's framework emphasize?

<p>The importance of specific minority identities in discussions (B)</p> Signup and view all the answers

What does the term 'double discrimination' imply for bisexual individuals?

<p>Rejection as a result of being perceived as confused or experimental (C)</p> Signup and view all the answers

What is one of the consequences of laws restricting the rights of individuals with disabilities?

<p>They prioritize protection over individual rights (D)</p> Signup and view all the answers

Which aspect of social constructionism rejects essentialism?

<p>Sexuality is influenced by cultural and historical contexts (A)</p> Signup and view all the answers

What is the primary distinction between conjugal and hedonic sexualities?

<p>Conjugal sexuality occurs only during marriage, while hedonic sexuality is purely for pleasure. (D)</p> Signup and view all the answers

What does the libertarian view on state intervention emphasize?

<p>Minimal intervention, unless harm to others is evident. (A)</p> Signup and view all the answers

Which principle of liberalism focuses on the moral equality of individuals?

<p>Human equality. (D)</p> Signup and view all the answers

What effect does the 'Billy Graham rule' have on women in the workplace?

<p>It creates a perception of women as temptresses, limiting their professional opportunities. (A)</p> Signup and view all the answers

How does John Stuart Mill view the concept of polygamy?

<p>It is morally deficient but legally permissible if consent is informed. (B)</p> Signup and view all the answers

What legal precedent established a constitutional right to privacy in reproductive decisions?

<p>Roe v Wade. (A), Griswold v Connecticut. (C)</p> Signup and view all the answers

What relationship does Sanger’s Planned Parenthood movement have with women’s health?

<p>It emphasizes the connection between pregnancy, women’s health, and sexual autonomy. (B)</p> Signup and view all the answers

What is a core argument against the criminalization of sexual activities in a libertarian framework?

<p>It results in greater harm to sexual minorities. (B)</p> Signup and view all the answers

Which approach views non-procreative sexual acts as suspect?

<p>Natural law. (C)</p> Signup and view all the answers

What is Bentham's view on the law regarding consensual sodomy?

<p>It should be repealed to avoid harming individuals. (D)</p> Signup and view all the answers

How does the atheistic approach to sexuality differ from traditional views?

<p>It removes discussions of God and morality from the understanding of relationships. (A)</p> Signup and view all the answers

What does the liberal view advocate in terms of state intervention?

<p>A balanced approach to protect rights while minimizing intrusiveness. (C)</p> Signup and view all the answers

Which of the following is a characteristic of sexual conduct as defined in the context provided?

<p>It encompasses societal norms and moral scrutiny. (A)</p> Signup and view all the answers

In the context of sexual autonomy, what does 'compulsory motherhood' refer to?

<p>The idea that women must fulfill reproductive roles imposed by the state. (D)</p> Signup and view all the answers

What did Dobbs v Jackson Women’s Health Organization achieve?

<p>Overturned the federal protection of abortion rights. (C)</p> Signup and view all the answers

What does the binary framework of biological sex traditionally assume?

<p>Sex is fixed and tied to reproductive capacity. (A)</p> Signup and view all the answers

What is the concept of performativity associated with in the context of biological sex?

<p>Gender identity is shaped through repeated behaviors and societal expectations. (A)</p> Signup and view all the answers

In the framework of intersectionality, what does Crenshaw analyze?

<p>How different axes of subordination, such as race and gender, intersect. (A)</p> Signup and view all the answers

How did the term 'homosexual' shift in social perception according to Foucault?

<p>It transformed from a series of acts into an intrinsic identity of an individual. (A)</p> Signup and view all the answers

Which case significantly expanded the right to privacy into reproductive autonomy?

<p>Roe v. Wade (C)</p> Signup and view all the answers

What was the primary focus of the Eisenstadt v. Baird case?

<p>Birth control access for unmarried individuals. (A)</p> Signup and view all the answers

What issue does the Dobbs v. Jackson Women’s Health Organization decision primarily address?

<p>Impact on state-level abortion laws. (D)</p> Signup and view all the answers

What major concern arises from the state's response to pregnancy outcomes in restrictive states?

<p>Criminalization of pregnancy-related outcomes like miscarriages. (A)</p> Signup and view all the answers

Which of the following best describes the 'chilling effect' on healthcare providers post-Dobbs decision?

<p>Providers often delay or deny care due to fear of prosecution. (A)</p> Signup and view all the answers

How can the logic used in the Dobbs decision potentially threaten other rights?

<p>By raising questions about rights grounded in privacy like same-sex marriage. (C)</p> Signup and view all the answers

What does the anti-essentialist critique within critical race theory emphasize?

<p>Intersecting prejudices create unique experiences of oppression. (D)</p> Signup and view all the answers

What characterizes Foucault’s concept of biopower?

<p>Regulating populations through categorization and surveillance. (A)</p> Signup and view all the answers

What is a significant implication of the criminalization of sex work?

<p>It leads to increased stigmatization and marginalization of workers. (C)</p> Signup and view all the answers

Which amendment established the foundational principle for the right to privacy?

<p>All of the above amendments combined (D)</p> Signup and view all the answers

What are intersex individuals typically subjected to in medical settings?

<p>Non-consensual surgeries (A)</p> Signup and view all the answers

Which of the following best describes the implications of binary gender systems for intersex individuals?

<p>They often require designation as male or female. (C)</p> Signup and view all the answers

What has the United Nations advocated regarding medical interventions on intersex children?

<p>A ban on non-consensual medical interventions (D)</p> Signup and view all the answers

What challenge is highlighted by the case of Caster Semenya?

<p>The regulation of sex characteristics in sports (D)</p> Signup and view all the answers

What topic do the critical theories mentioned address in relation to LGBT contexts?

<p>The effects of surveillance on sexuality (C)</p> Signup and view all the answers

What vulnerability do intersex individuals face under current legal frameworks?

<p>Inadequate legal recognition and protection (B)</p> Signup and view all the answers

How do non-consensual medical interventions impact intersex individuals?

<p>They can cause psychological trauma and physical harm. (A)</p> Signup and view all the answers

What overarching question does the case of Caster Semenya raise regarding competitive sports?

<p>The relationship between testosterone and athletic fairness (D)</p> Signup and view all the answers

What strategy focuses on specific rights and needs of LGBTQ+ individuals?

<p>Minoritizing strategy (A)</p> Signup and view all the answers

How does queerness challenge the framework of same-sex marriage?

<p>It critiques the assimilationist tendencies of LGBTQ+ advocacy. (D)</p> Signup and view all the answers

Which term describes the societal advantages experienced by cisgender individuals?

<p>Cis privilege (B)</p> Signup and view all the answers

What is the key argument in the Obergefell v. Hodges ruling?

<p>Marriage is a fundamental right protected under the 14th Amendment. (A)</p> Signup and view all the answers

What does subconscious sex refer to?

<p>An internal understanding of one’s own gender identity. (A)</p> Signup and view all the answers

Which of these describes a major criticism of same-sex marriage from a queer theory perspective?

<p>It marginalizes non-normative relationships. (A)</p> Signup and view all the answers

What is a common argument used in favor of same-sex marriage?

<p>It promotes equality under the law. (D)</p> Signup and view all the answers

Which legal case was pivotal in the incremental victories for same-sex marriage before Obergefell v. Hodges?

<p>Baehr v. Lewin (B)</p> Signup and view all the answers

Which of the following best describes the purpose of minoritizing strategies?

<p>To address individual rights and needs. (A)</p> Signup and view all the answers

What is a concern regarding the focus on same-sex marriage within LGBTQ+ advocacy?

<p>It risks legitimizing marriage as a measure of love. (B)</p> Signup and view all the answers

In which significant case was DOMA struck down?

<p>United States v. Windsor (B)</p> Signup and view all the answers

Which aspect of marriage does queer theory often critique?

<p>The promotion of monogamous structure. (B)</p> Signup and view all the answers

What does universalizing strategy aim to achieve?

<p>Challenge systemic structures affecting everyone. (C)</p> Signup and view all the answers

What major legal principle was established in Masterpiece Cakeshop v. Colorado Civil Rights Commission?

<p>Religious freedom as a defense against anti-discrimination laws (A)</p> Signup and view all the answers

How does the concept of intersectionality as coined by Kimberlé Crenshaw relate to discrimination?

<p>It examines how overlapping identities create unique forms of oppression. (C)</p> Signup and view all the answers

Which case broadened the understanding of 'sex discrimination' under Title VII to include gender nonconformity?

<p>Price Waterhouse v. Hopkins (B)</p> Signup and view all the answers

What does the concept of family equality advocate for?

<p>Equal treatment of families regardless of structure or composition (B)</p> Signup and view all the answers

What significant legal outcome did Obergefell v. Hodges achieve?

<p>Legalization of same-sex marriage nationwide (C)</p> Signup and view all the answers

In what way do LGBTQ+ rights advocates draw parallels to the civil rights movement?

<p>By claiming that discrimination mirrors racial segregation and exclusion (D)</p> Signup and view all the answers

What legal act emphasizes the importance of access and inclusion for individuals with disabilities?

<p>Americans with Disabilities Act (D)</p> Signup and view all the answers

Which case recognized HIV as a disability under the Americans with Disabilities Act?

<p>Bragdon v. Abbott (D)</p> Signup and view all the answers

What is the main critique of prioritizing marriage within LGBTQ+ advocacy?

<p>It marginalizes non-normative relationships and kinship forms. (C)</p> Signup and view all the answers

What does the term 'kinship' encompass?

<p>A broader network of relationships, including chosen families (D)</p> Signup and view all the answers

What was the significance of the case Reed v. Reed?

<p>It set a precedent that sex discrimination violates the Equal Protection Clause. (D)</p> Signup and view all the answers

What is a common element that connects disability rights and LGBTQ+ rights?

<p>Both movements emphasize legal equality and recognition. (A)</p> Signup and view all the answers

What concept challenges traditional family notions by advocating for recognition of diverse family forms?

<p>Family equality (B)</p> Signup and view all the answers

What does gestational surrogacy involve?

<p>The surrogate carrying a pregnancy through IVF (C)</p> Signup and view all the answers

What is a major reason traditional surrogacy is less common than other forms of surrogacy?

<p>It involves the surrogate as both the gestational carrier and biological mother. (A)</p> Signup and view all the answers

What ethical concern arises from the financial disparity between surrogates and intended parents?

<p>It raises questions about coercion and informed consent. (C)</p> Signup and view all the answers

Which issue has historically affected LGBTQ+ individuals in matters of adoption and custody determinations?

<p>Discrimination based on assumptions of moral unfitness. (D)</p> Signup and view all the answers

What was the significance of the Supreme Court case Obergefell v. Hodges (2015)?

<p>It granted marriage equality, indirectly improving LGBTQ+ adoption rights. (D)</p> Signup and view all the answers

How do critics of commercial surrogacy view the practice concerning women's bodies?

<p>As potentially commodifying women’s reproductive labor. (D)</p> Signup and view all the answers

Which of the following best describes polyparenting or multiparentage?

<p>A family structure involving more than two individuals as caregivers. (B)</p> Signup and view all the answers

What term did Pauli Murray coin to describe the discrimination faced by women of color?

<p>Jane Crow (B)</p> Signup and view all the answers

In the case Palmore v. Sidoti (1984), what principle was highlighted regarding custody decisions?

<p>Societal biases should not influence custody outcomes. (A)</p> Signup and view all the answers

What concern is associated with international surrogacy arrangements involving economically disadvantaged surrogates?

<p>It raises questions about informed consent and autonomy. (D)</p> Signup and view all the answers

What role did Pauli Murray play in advocating for gender equality in legal frameworks?

<p>She emphasized including sex discrimination in Title VII of the Civil Rights Act. (A)</p> Signup and view all the answers

Which legal conflict can arise in traditional surrogacy agreements?

<p>Custody disputes may occur if the surrogate changes her mind. (D)</p> Signup and view all the answers

What is a common issue in courts regarding LGBTQ+ parent custody issues?

<p>Assumptions about LGBTQ+ morals may influence outcomes. (B)</p> Signup and view all the answers

The financial concerns associated with surrogacy are most pronounced in which context?

<p>Commercial arrangements with economically vulnerable surrogates. (C)</p> Signup and view all the answers

What tangible harms did denying same-sex couples the right to marry create?

<p>Unequal access to healthcare and inheritance rights (C)</p> Signup and view all the answers

What argument did opponents use to justify their stance against same-sex marriage?

<p>Marriage is exclusively for procreation (A)</p> Signup and view all the answers

Which landmark Supreme Court case legalized same-sex marriage across the United States?

<p>Obergefell v. Hodges (B)</p> Signup and view all the answers

Which argument related to religious beliefs was dismissed in court regarding same-sex marriage?

<p>Legalizing same-sex marriage violates religious freedoms. (A)</p> Signup and view all the answers

What did opponents fear would be a consequence of legalizing same-sex marriage?

<p>Increase in polygamous marriages (C)</p> Signup and view all the answers

What is a critique associated with the push for same-sex marriage?

<p>It seeks to reinforce existing power structures. (A)</p> Signup and view all the answers

How did Obergefell v. Hodges impact the discussion on marriage and identity?

<p>It recognized the intertwining of conduct and sexual orientation. (C)</p> Signup and view all the answers

Which case established a constitutional right to privacy concerning marital relationships?

<p>Griswold v. Connecticut (A)</p> Signup and view all the answers

Which key aspect of discrimination is addressed in Romer v. Evans?

<p>Protection based on identity (D)</p> Signup and view all the answers

What aspect of discrimination did Lawrence v. Texas address?

<p>Legality of consensual same-sex conduct (B)</p> Signup and view all the answers

What has been a current challenge for LGBTQ+ individuals despite the Obergefell ruling?

<p>Full equality in adoption rights (D)</p> Signup and view all the answers

How has public opinion shifted regarding same-sex marriage?

<p>It has increasingly supported LGBTQ+ rights. (C)</p> Signup and view all the answers

What type of discrimination is represented by penalizing individuals for their identity traits?

<p>Identity-based discrimination (B)</p> Signup and view all the answers

Which Supreme Court case expanded the interpretation of Title VII to include discrimination based on sexual orientation?

<p>Bostock v. Clayton County (B)</p> Signup and view all the answers

What was a central argument against the legal recognition of same-sex marriages?

<p>It posed risks to familial structures. (C)</p> Signup and view all the answers

Flashcards

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

A belief system where following the laws of nature is morally correct, often linked to a religious understanding.

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

Under natural law, the single purpose of sexuality is to ensure biological reproduction within a clearly defined male/female framework.

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Gender and Sexuality under Natural Law

Natural law advocates for a rigid two-gender model, where marriage is the sole institution allowing heterosexual sexual expression.

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Sexual Identity Formation

The development of a person's understanding of their sexual orientation, preferences, and self-conception, including both internal self-recognition and external validation by society and law.

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Sexual Identity vs. Conduct

The idea that laws targeting LGBTQ+ individuals based on their sexual identity, not just their actions, violate equal protection principles.

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Singer v. U.S. Civil Service Commission

A legal case that demonstrated the tension between identity and conduct, where individuals were penalized for expressing their sexual orientation, even in private.

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Conduct without Identity

A type of legal framework where sexual acts were punished regardless of an individual's sexual identity, focusing solely on the behavior.

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Identity without Conduct

A situation where someone's sexual identity alone, without any associated behavior, can lead to discrimination.

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Utilitarianism

A philosophical approach that evaluates the morality of actions based on their consequences, aiming to maximize happiness and well-being for the greatest number of people.

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Utilitarian View on Sexuality

An approach to regulating sexuality that prioritizes policies that improve public health, reduce violence, and ensure worker safety.

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Utilitarian View on Sex Work

The belief that sex work should be decriminalized and regulated to improve public health, reduce violence, and protect workers' rights.

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Utilitarian View on Reproductive Rights

A utilitarian perspective that supports contraception and abortion, as they can reduce unintended pregnancies and improve public health outcomes.

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Economic Views on Sexuality

A theoretical framework that evaluates policies based on cost-benefit analysis, emphasizing efficiency, productivity, and resource allocation.

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Rational Choice Theory

A theory that assumes individuals are rational actors who seek to maximize their own well-being by making calculated choices.

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Free Market and Sexuality

A free-market approach that treats sexuality-related industries as legitimate market activities, emphasizing deregulation and competition to promote innovation and efficiency.

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Public Welfare and Sexuality

The principle that investing in inclusive policies, like anti-discrimination laws and healthcare access, can lead to improved societal well-being and long-term economic growth.

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Posner's Economic Theory of Sexuality

An economic theory that combines individual cost-benefit calculations with a utilitarian approach to state regulation, viewing sexuality through a market lens.

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Becker's Economic Model of Family Formation

A theory that suggests individuals form family units because it maximizes their personal well-being, including emotional and economic benefits, and emphasizes the division of tasks based on comparative advantage.

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Sexuality Under Natural Law

This view argues that pleasure derived solely from sexual acts, outside of marriage, is morally suspect and should be discouraged. It connects sexuality with spiritual ideals and emphasizes procreation within marriage as the only acceptable and divinely sanctioned purpose of sex.

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Conjugal Sexuality

This concept emphasizes that sexual activities should be pursued within the confines of marriage for the purpose of bonding and procreation. It views sex outside of marriage as hedonistic and morally wrong.

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Atheistic Approach to Sexuality

This view promotes a separation of church and state when it comes to sexuality, rejecting the application of religious or natural law principles to define sexual morality. Individuals are free to make their own choices, as long as they don't harm others. Moral concerns, in this approach, are seen as distinct from legal ones.

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Libertarianism and Sexuality

This principle champions a hands-off approach by the government in personal matters, asserting that individuals should be free to make their own choices regarding sexuality, as long as they don't cause harm to others. It emphasizes consent as the central principle guiding acceptable sexual behavior.

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Liberalism and Individual Liberty

This framework underscores the importance of individual liberty, arguing that each person should be free to define their own version of the good life, as long as it doesn't infringe on the rights of others. It champions the right to pursue your own desires and choices, within a system that safeguards the freedom of others.

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Human Equality in Liberalism

This principle is firmly rooted in the belief that all human beings are equal, deserving of the same rights and freedoms. It advocates for a society where everyone is treated fairly and given equal opportunities to pursue their own goals.

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Jeremy Bentham and Sexuality

This philosopher, known for his defense of individual liberty, argued for the repeal of laws against consensual sodomy because they amounted to state interference in personal affairs. He believed that individuals should be free to pursue their own happiness as long as it doesn't harm others.

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Thomas Hobbes and State Power

This philosopher contended that the primary role of the state is to protect and secure its citizens, not to enforce morality. He challenged the notion that the government should dictate what constitutes a ‘good’ or ‘moral’ life.

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Mill’s Harm Principle

This principle emphasizes that the state should only intervene in private lives when there is a clear and demonstrable risk of harm to others. It suggests that people should be free to make their own choices concerning their lives and bodies as long as their actions don't infringe on the rights of others.

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Natural Law and State Intervention

This view sees the state as having a significant role in enforcing moral codes and upholding a perceived natural order. It often leads to regulations on behaviors deemed immoral, such as sexual conduct, in an attempt to maintain societal stability and order.

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Reproductive Health and Sexuality

This concept underscores the connection between access to reproductive healthcare and sexual autonomy for women. Its origins can be traced back to Margaret Sanger's fight to make contraception available to women, arguing that having control over reproduction is a fundamental aspect of women's health and well-being. It highlights the impact of restrictive policies on women's choices and their ability to shape their lives.

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Griswold v. Connecticut and Roe v. Wade

This legal case established a constitutional right to privacy regarding reproductive decisions, recognizing the intersection between sexual autonomy and healthcare, a right that was overturned by the Dobbs decision, reigniting debates on reproductive healthcare.

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The “Billy Graham Rule”

The “Billy Graham rule” refers to a practice where individuals, particularly men in positions of power, avoid being alone with women other than their wives, often citing a desire to avoid the appearance of impropriety. This rule is often associated with a conservative Christian perspective, emphasizing a strict separation of genders and a focus on avoiding potential temptations.

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Sexual Conduct

The term refers to the physical acts or behaviors related to sexuality that are subject to social norms, legal regulations, and moral scrutiny. Historically, sexual conduct has been heavily regulated, with laws often targeting behaviors considered ‘immoral’, including sodomy, prostitution, or non-conventional sexual practices. This illustrates the historical and cultural influence on how we regulate and judge sexual behavior.

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Obergefell v. Hodges

This case, which legalized same-sex marriage nationwide, was a significant victory for LGBTQ+ rights and underscored the importance of equal marriage rights for all.

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Formal Equality

A legal framework that emphasizes eliminating discriminatory treatment based on sex by treating men and women equally under the law, regardless of their differences.

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Reed v. Reed

A legal case that established the precedent for recognizing gender discrimination as a violation of equal protection under the 14th Amendment.

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Sameness Argument

A legal theory that asserts that women and men should be treated equally in all aspects of law, particularly in employment and professional roles.

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Post-Liberal Equality

A legal framework that challenges the notion of formal equality by advocating for laws that acknowledge and address the unique experiences and needs of women.

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Intersectionality

The theory that emphasizes the interconnectedness of various social categories, recognizing how race, class, sexuality, and other factors intersect to create unique experiences of oppression.

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Catharine MacKinnon

A legal scholar who integrated sexuality, gender, and law into a framework that recognizes sexuality as a central factor in women's subordination under patriarchy.

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Robin West

A legal scholar who argues that the law must acknowledge and address women's unique experiences, particularly those related to pregnancy and caregiving, to achieve true equality.

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Critiques of Post-Liberalism

A type of feminist theory that criticizes the fragmentation of feminist movements by focusing on specific differences and potentially reinforcing stereotypes.

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Critique of Liberal Approaches

A critique of the formal equality model, arguing that treating men and women the same risks assimilating women into a male-dominated standard, perpetuating inequality.

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Jane Crow

The concept that women are subjected to both race-based and gender-based discrimination, resulting in a unique and intensified form of oppression.

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Social Construction

The idea that many aspects of reality, like gender or social norms, are not inherent but created and maintained through social processes, cultural expectations, and institutional practices.

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Stigma

A negative social perception or devaluation of individuals or groups due to perceived differences from societal norms.

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LGBTQ+ Stigma

The stigma associated with LGBTQ+ identities, rooted in societal discomfort with non-normative sexualities and gender expressions. This can lead to discrimination, prejudice, and violence.

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Biopower

The concept, developed by Michel Foucault, that modern governments regulate populations through a blend of political power and control over biological life. It focuses on how institutions and norms discipline bodies to conform to societal expectations.

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Charmed Circle

A framework proposed by Gayle Rubin that describes how societies create hierarchies of sexual behaviors, categorizing some as acceptable and others as deviant.

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Gender Self-Determination

The right of individuals to freely define and express their own gender identity without external validation or limitations. It prioritizes personal autonomy and rejects binary gender classifications.

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Abolitionist Frameworks

A framework that aims to dismantle oppressive systems and structures entirely, rather than reforming them.

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Double Bind

A situation where a person is faced with two conflicting demands or expectations, making it impossible to fully meet both.

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Gendered Expectations (Double Bind)

The double bind faced by women who are expected to excel in both professional and domestic roles. Prioritizing career can lead to accusations of neglecting family, while focusing on family can lead to accusations of lacking ambition.

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LGBTQ+ Double Bind

The double bind faced by LGBTQ+ individuals, who are pressured to conform to societal norms and hide their identities to avoid discrimination, while staying invisible reinforces erasure.

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Anti-abortion Laws (Double Bind)

The double bind faced by women who are expected to avoid motherhood if unprepared yet are denied the right to choose when to have children.

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Gender Identity Laws (Double Bind)

The double bind faced by transgender individuals who must conform to strict medical or legal standards to have their identities recognized, while simultaneously facing stigma and prejudice.

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Transmisogyny

This refers to the societal devaluation and prejudice directed specifically against trans women, often rooted in misogynistic beliefs about gender.

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Gender Essentialism

The belief that gender is an inherent and fixed biological characteristic, denying the fluidity and diversity of gender experiences.

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Suspect Classification

A classification used by courts to identify groups that historically faced discrimination and warrant extra protection under the Equal Protection Clause of the 14th Amendment.

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Sexual Orientation & Scrutiny

Laws that discriminate against LGBTQ+ individuals based on their sexual orientation may be subject to a higher level of scrutiny due to their connection to sex discrimination, which is already considered an intermediate scrutiny category.

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Sexual Orientation as Suspect Classification

The idea that sexual orientation is a fundamental characteristic of a person's identity, deserving of legal protection, similar to race or religion.

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Nordic Model

A model of sex work regulation that focuses on decriminalizing sex workers while criminalizing clients, aiming to reduce the demand for prostitution and theoretically protect workers.

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Decriminalization

A model of sex work regulation that removes criminal penalties for consenting adults engaging in sex work, treating it as a personal choice rather than a crime. Often includes labor protections to improve worker safety.

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Legalization

A model of sex work regulation that involves government oversight and regulation, typically requiring licenses, zoning restrictions, and health checks. It aims to control the industry but can create a two-tier system, leaving some workers marginalized.

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Criminalization of Sex Work

Jurisdictions that criminalize sex work can increase risks for sex workers, such as exploitation, violence, and unsafe working conditions. It also creates barriers to accessing healthcare, legal protections, and social services.

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Moral Absolutism

The belief that certain acts are inherently wrong, regardless of the context or circumstances. This often applies to sex work, where some argue that it is always exploitative or immoral.

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Underinclusive Law

A law is underinclusive when it fails to apply to individuals who share the same characteristics as those covered by the law. This means it doesn't go far enough in addressing the issue it aims to tackle.

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Overinclusive Law

A law is overinclusive when it applies to individuals who have no connection to the purpose the law aims to achieve. It's like a net that catches too many fish.

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Expressive Association Right

The right to associate with others for the purpose of expressing ideas and beliefs, protected under the First Amendment.

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NAACP v. Alabama

The Supreme Court case that established the government cannot require organizations to disclose their membership lists if it interferes with members' right to associate freely.

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Roberts v. United States Jaycees

The Supreme Court case that clarified the balance between expressive association and anti-discrimination laws, ruling that organizations with primarily expressive goals can't discriminate on the basis of sex.

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Boy Scouts of America v. Dale

The Supreme Court case that allowed the Boy Scouts to exclude a gay scout leader, upholding the right of organizations to express their values even if it means excluding certain groups.

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Proactive Lawmaking

Laws like the Civil Rights Act of 1964 and the Americans with Disabilities Act proactively prohibit discrimination.

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Judicial Enforcement

When courts interpret and enforce the existing laws to ensure they are applied fairly and prevent discriminatory practices.

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Recognizing Implicit Rights

Courts recognizing rights that aren't explicitly stated in law but are implied to ensure fairness and protect individuals' rights.

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Judicial Review

The process by which courts assess the constitutionality of laws and policies, striking down discriminatory practices.

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Binary Framework of Biological Sex

The traditional view of biological sex as a fixed, unchangeable, and binary system (male or female) based on physical attributes like chromosomes, hormones, and anatomy.

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Intersex Individuals

Individuals who possess sex characteristics that do not fit neatly into the typical male or female categories, challenging the binary framework.

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Social Construction of Biological Sex

The idea that biological sex is not a fixed, natural category but is shaped by societal norms, cultural influences, and power structures.

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Performativity of Gender

Judith Butler's theory that gender is not an innate characteristic but is performed through repeated actions, behaviors, and expressions.

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Biopower and Biological Sex

Michel Foucault's concept that power structures, particularly in institutions like medicine, use biological sex as a tool for control and regulation, enforcing binary norms and marginalizing those who deviate.

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Critical Race Feminism

The recognition that the experiences of women of color are different from those of white women, challenging the assumption that feminist theories adequately represent all women.

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The Creation of the 'Homosexual Species'

The process by which homosexuality shifted from being understood as a series of actions (sodomy) to a defining feature of an individual's identity. This was driven by the rise of medicine, psychiatry, and criminology, which categorized homosexuality as a medical and psychological condition.

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Right to Privacy

Legal principles that protect individuals from unwarranted interference by the state in their personal lives, including matters related to sexuality and reproduction.

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Roe v. Wade

The Supreme Court's decision in 1973 that legalized abortion nationally, recognizing a woman's right to privacy and reproductive autonomy.

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Implications of Criminalizing Sex Work

The consequences of criminalizing sex work, which can include increased vulnerability to exploitation, violence, and health risks.

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Critiques of Criminalizing Sex Work

Arguments against the criminalization of sex work, often advocating for decriminalization or legalization, as it can lead to better working conditions and safety for sex workers.

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Incremental Approach to Social Change

A legal strategy for social change that focuses on achieving small, incremental victories over time, gradually building momentum towards broader reform.

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Equal Protection Clause and Sex Discrimination

This legal principle argues that sex discrimination violates the Equal Protection Clause of the 14th Amendment, providing a constitutional basis for challenging discriminatory laws.

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Social Construction of Sexuality

This theory posits that sexuality is not a fixed, inherent trait but rather is shaped and influenced by cultural, historical, and social contexts.

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Bisexual Erasure

This refers to the tendency to ignore, dismiss, or de-legitimize bisexuality as a valid sexual orientation. It often leads to bisexual individuals being perceived as 'really' straight or gay.

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Minoritizing Strategy

This concept describes the practice of viewing homosexuality as relevant only to a specific minority group, which limits its significance to the broader population and can reinforce marginalization.

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Desexualization of People with Disabilities

This refers to the ways in which individuals with disabilities are often desexualized and stereotyped as asexual or incapable of engaging in sexual relationships, leading to discrimination and denial of their agency and autonomy.

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The Billy Graham Rule

This principle, often associated with conservative Christianity, encourages men to avoid being alone with women other than their wives to avoid the appearance of impropriety.

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Universalizing Strategy

This approach views homosexuality as a universal human experience, recognizing that it is not limited to a specific minority group. It challenges the marginalizing effects of the minoritizing strategy.

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Intersex

Individuals born with sex characteristics that don't fit typical male or female definitions.

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Intersex Medical Interventions

Non-consensual surgeries or hormone treatments on intersex infants to 'normalize' their bodies.

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Reed v. Reed (1971)

A legal case that established sex discrimination violates the Equal Protection Clause.

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Binary Gender System

The legal requirement for parents to designate a newborn as male or female on birth certificates.

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Testosterone and Athletic Performance

The argument that testosterone levels correlate with athletic performance, specifically in speed and strength events.

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Ethical and Legal Challenges

The concept of fairness, inclusion, and autonomy in the context of regulating sex characteristics in sports.

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Interwoven Structures

The idea that heterosexuality and homosexuality are intertwined within societal structures, influencing all individuals.

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Queer Critique of Marriage

Queer theory challenges same-sex marriage, arguing it reinforces existing societal structures instead of dismantling them.

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Cis Privilege

The unearned advantages and societal acceptance enjoyed by cisgender individuals.

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Subconscious Sex

A deeply ingrained sense of one's own gender identity, often described as an internal and subconscious understanding.

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Same-Sex Marriage: Early Challenges

Early court challenges to same-sex marriage leading to landmark rulings, showcasing the legal battle for equality.

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Defense of Marriage Act (DOMA)

The landmark case that allowed states to refuse recognition of same-sex marriages performed elsewhere, defining marriage federally as between one man and one woman.

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Baker v. Nelson (1971)

The court case that ruled against same-sex marriage but sparked national debate and led to the Defense of Marriage Act.

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Baehr v. Lewin (1993)

The Hawaii case that ruled denial of marriage licenses to same-sex couples might violate the state constitution.

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Goodridge v. Department of Public Health (2003)

Court ruling that legalized same-sex marriage in Massachusetts, setting a precedent for other states.

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United States v. Windsor (2013)

The Supreme Court's decision to strike down DOMA's definition of marriage, recognizing same-sex marriages performed in states where legal.

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Obergefell v. Hodges (2015)

The Supreme Court ruling that legalized same-sex marriage nationwide, recognizing marriage as a fundamental right.

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Winning Arguments for Same-Sex Marriage

Winning arguments for same-sex marriage focused on equal protection under the law, framing marriage as a fundamental right.

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Family Equality

The legal principle that all families should be treated equally regardless of their structure or makeup, challenging traditional notions of family and advocating for recognition of diverse family forms, including those formed by LGBTQ+ individuals, single parents, adoptive families, and chosen families.

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Kinship

The concept of a broader network of relationships formed through blood, marriage, adoption, or chosen affiliations, encompassing extended family ties, communal bonds, and non-biological relationships based on mutual care, cultural practices, or shared experiences.

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Marriage

A legally and socially sanctioned union, typically between two individuals, often associated with romantic or sexual relationships. Marriage serves as a foundational institution for regulating kinship, inheritance, property rights, and familial obligations in many societies.

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Identity vs. Conduct

The argument that targeting LGBTQ+ individuals for discrimination based solely on who they are, rather than their actions, violates equal protection principles.

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Biological Essentialism

The theory that emphasizes the role of biology in determining gender, often claiming that sex and gender are naturally binary and immutable, with distinct roles and behaviors assigned to each.

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Shared Human Experience

Arguments highlighting that same-sex couples sought the same benefits and responsibilities of marriage, framing their desire as universal and relatable.

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Economic and Legal Harms

Denying same-sex couples the right to marry created tangible harms, such as unequal healthcare, inheritance rights, and parenting protections.

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Public Opinion Shift

Over time, increased visibility of LGBTQ+ families and shifting public opinion supported the narrative that same-sex marriage was a natural extension of civil rights.

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Defining Marriage as Heterosexual

Arguments grounded in the historical definition of marriage as between a man and a woman were insufficient to justify modern inequality.

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Legacy and Current Challenges

Obergefell was a landmark victory, but challenges remain in ensuring full equality for LGBTQ+ individuals, particularly in areas like adoption and anti-discrimination protections.

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Traditional Surrogacy

Traditional surrogacy describes a scenario where the surrogate is both the gestational carrier and the biological mother, as her egg is used in the conception process, typically through artificial insemination. This approach is less common due to the heightened legal and emotional complexities it presents.

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Legal Frameworks and Challenges in Surrogacy

Due to the lack of uniformity in laws across jurisdictions, surrogacy arrangements face legal uncertainty. Some countries or states completely ban surrogacy, while others allow only altruistic surrogacy, prohibiting any financial compensation beyond medical and reasonable expenses.

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Legal Parentage in Surrogacy

Legal conflicts often arise in surrogacy, particularly traditional surrogacy, regarding custody when the surrogate changes her mind or intended parents refuse to take custody. These conflicts highlight the need for clear legal frameworks defining parentage and custody.

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Commodification of Women's Bodies in Surrogacy

Critics argue that surrogacy, especially commercial arrangements, commodifies women's reproductive labor, turning it into a tradeable commodity. The concern is amplified when surrogates come from disadvantaged backgrounds, raising questions about coercion and exploitation.

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Exploitation and Power Dynamics in Surrogacy

The financial disparity between surrogates and intended parents in international or domestic arrangements raises ethical concerns about consent and agency. Some argue that surrogacy preys upon vulnerable women who may feel pressured to participate for financial reasons.

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Liberal Feminist Perspective on Surrogacy

Liberal feminists support a woman's right to choose surrogacy as an expression of autonomy and bodily integrity. They emphasize that surrogacy should be a freely chosen option for women who want to contribute to family building.

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Poly Parenting & Multiparentage

Poly parenting or multiparentage refers to family structures where more than two individuals share legal, social, or caregiving responsibilities for a child. This concept challenges the traditional notion of a nuclear family and embraces diverse family forms.

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Multiparentage in LGBTQ+ Families

Multiparentage is common in LGBTQ+ families, where a child may have biological parents and non-biological parents who all play active roles. For example, a child conceived via assisted reproduction may have involvement from both biological donors and their social parents.

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Poly Parenting in Blended Families

Poly Parenting also arises in blended families where step-parents, biological parents, and others share parenting roles. This demonstrates how family structures can evolve beyond traditional norms.

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Poly Parenting in Intentional Communities

In intentional communities or chosen families, caregiving responsibilities may be distributed across a network of adults, reflecting nontraditional family structures. This shows how family can be defined by choice rather than blood ties alone.

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Co-Parenting Agreements

Some parents enter into formal or informal agreements to co-parent children outside traditional romantic or marital relationships. This includes situations like friends who decide to raise a child together.

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Historical Bias Against LGBTQ+ Adoption

Historically, courts and legislatures were hostile to LGBTQ+ individuals in matters of adoption and custody. LGBTQ+ identity was often associated with moral unfitness, leading to bans or discriminatory practices.

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Obergefell v. Hodges & LGBTQ+ Adoption

The Supreme Court's decision in Obergefell v. Hodges (2015), granting marriage equality, indirectly strengthened LGBTQ+ adoption rights. Married same-sex couples gained the same legal protections as heterosexual couples.

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Religious Freedom Exemptions & LGBTQ+ Adoption

While most states allow LGBTQ+ individuals and couples to adopt, some states permit discrimination under the guise of religious freedom laws. This creates a patchwork of laws with varying levels of protection for LGBTQ+ families.

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Palmore v. Sidoti and LGBTQ+ Families

In Palmore v. Sidoti (1984), the Court ruled that societal biases should not dictate custody decisions, a principle later applied to LGBTQ+ parents. This case established a precedent against discrimination based on prejudice.

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Pavan v. Smith & Parental Rights

Pavan v. Smith (2017) affirmed that married same-sex couples must have equal access to parental rights, including being listed on birth certificates. This ruling ensures equal parental recognition for same-sex couples.

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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 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.
  • 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.

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