HIV disease and disparate impact under the Americans with Disabilities Act: a federal prohibition of discrimination on the basis of sexual orientation?

Article Abstract:

The manner in which Congress drafted the Americans with Disabilities Act (ADA) has left the courts with the opportunity to apply disparate impact treatment theories to provide gay men with protection against employment discrimination. Sexual orientation discrimination is not proscribed expressly under the ADA, but discrimination against gay men may be interpreted to have a disparate impact on people with HIV, who are covered under the ADA. This broad interpretation would be far less revolutionary than the race discrimination rulings of the 1950s.

Discrimination against disabled persons, Handicapped discrimination, Discrimination against AIDS virus carriers, HIV carriers discrimination

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When men are victims: applying rape shield laws to male same-sex rape

Article Abstract:

Rape Shield Laws should be applied to male same-sex rape cases as they are to female opposite-sex rape cases, however, since the former implicate homophobia rather than sexism, these laws should provide a shield for sexual orientation evidence as well. Such application of the laws will encourage the reporting of the crime and minimize the chances that perpetrators will go free by disallowing inflammatory evidence.

Sex crimes, Rape

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Transforming the debate: why we need to include transgender rights in the struggles for sex and sexual orientation equality

Article Abstract:

The author argues that sexual equality jurisprudence's emphasis on sex as determined by anatomy at birth is overly narrow and fails to address hostility based on failure to conform to gender norms. An overview of transgender law cases is provided.

United States, Transsexuals

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