Recently, courts have started to recognize gender dysphoria as a disability eligible for protection under the Americans with Disabilities Act (ADA). This Note suggests that advocates should leverage this newfound potential protection to litigate disability claims on behalf of trans people. In particular, it advances that such litigation may be particularly urgent in the prison context.
As schools ponder how best to meet the needs of students and create safe and supportive learning environments, some parents have attempted to assert exclusive authority in this domain, challenging practices such as the adoption of gender-complex and LGBTQ-inclusive curricula as well as gender-affirming policies and practices. While some schools have yielded to parental objections, others have resisted. This Article presents a compelling approach for schools both to address the challenges posed by objecting parents and to carry out their original mission of inculcating an appreciation for democratic norms—namely, civility, tolerance, and equality—through the adoption of gender complex and LGBTQ-inclusive curricula.
THE STU WALTER PRIZE
Sonia K. Katyal
Roger J. Traynor Distinguished Professor of Law & Associate Dean, Faculty Development and Research, UC Berkeley School of Law Jessica Y. Jung
Independent Scholar The Gender Panopticon: AI, Gender, and Design Justice, 68 UCLA L. Rev. 692 (2021)
This Article argues that we are at a contradictory moment in history regarding the intersection of gender and technology, particularly as it affects LGBTQ+ communities. At the very same moment that we see the law embracing more and more visibility regarding gender identities and fluidity, we see an even greater reliance on surveillance technologies that are flatly incapable of working beyond the binary of male and female classifications. Using insights from a wide range of studies on artificial intelligence (AI) technologies, this Article argues that we need to grapple with the reality that the relationship between AI and gender is far more complicated than the law currently suggests.
This Article is about the tension between liberty and equality. It examines this tension in the context of disputes over free speech and LGBT rights, drawing from the field of critical race theory to advocate for an antisubordination approach in mediating competing claims of equality and liberty. Unlike a libertarian free speech jurisprudence that treats all speakers and viewpoints as equally worthy of constitutional respect, an antisubordination approach to free speech is attentive to historical and contemporary modes of group-based oppression.
Both the ideological left and ideological right contest the use of the race analogy in cases involving wedding vendors who seek to refuse same-sex couples based on religious beliefs, although for largely different reasons. This Article tackles the opposition to use of the race analogy from both the ideological left and the right and makes the argument that LGBT-rights advocates should deploy the race analogy in the wedding vendor cases. In doing so, it adds to the scholarly dialogue about the propriety of the race analogy and contributes to that body of scholarship a taxonomy of the race analogy in the LGBT-rights movement.
