Tag Archives: sexual orientation

“Identity Entrepreneurs” Selected for Yale/Stanford/Harvard Junior Faculty Forum

I am pleased to share that my article “Identity Entrepreneurs,” which is forthcoming in the California Law Review later this year, was selected for presentation the Yale/Stanford/Harvard Junior Faculty Forum. This year the Forum will take place in at Yale Law School on June 26-27. I’m excited to attend and to share my work with top scholars in my field, as well as to meet the other junior scholars whose papers were selected. You can find more information about the Forum here.

Employment Discrimination Against Bisexuals

I highly recommend this recent article by Ann E. Tweedy and Karen Yescavage, “Employment Discrimination Against Bisexuals: An Empirical Study,” which is out this year in the William & Mary Journal of Women & Law. Among many other interesting, provocative, and troubling findings, the authors’ research found that 51.7% of bisexual people had experienced workplace discrimination, but only a small percentage (3%) had sought internal recourse, and none had sued.

In my own experience looking at the rates of lawsuits by multiracial people, one reason that targets of discrimination seldom seek recourse is that their claims don’t fit comfortably into the litigation narratives established by plaintiffs conventionally perceived as “monoracial.” Perhaps part of the story for bisexual targets of discrimination is a similar one.The piece demonstrates the importance of empirical research to doctrinal analysis and is well worth a read.

“Identity Entrepreneurs” Reviewed on JOTWELL

Ruthann Robson (CUNY) has a generous and very helpful review of my article “Identity Entrepreneurs,” forthcoming in the California Law Review, out in JOTWELL today. I appreciate the feedback and invite comments from others.

The RightsCast, Episode 8: Anthony Kreis, “The History of the Freedom to Marry”

I had a wonderful conversation this week with Anthony Kreis of the University of Georgia about his work on the history of the freedom to marry. His most recent article talks about the parallels and contrasts between the move toward interracial marriage legality and same-sex marriage legality. We also chatted about marriage equality before the Supreme Court and what’s next for LGBT rights — made even more pertinent by Indiana’s recent bill allowing businesses to discriminate against LGBT people.

“Identity Entrepreneurs”: New Article Forthcoming in California Law Review

My latest article, “Identity Entrepreneurs,” is forthcoming in the California Law Review. I’m thrilled to be working with a journal that has published so many of the seminal works relating to identity and discrimination. The abstract to the piece is available after the jump: Continue reading

The RightsCast, Episode 5: Jessica Clarke, Inferring Desire in Sexual Harassment Cases

I meant to post this to the blog earlier and it slipped my mind — this week’s episode of The RightsCast features Professor Jessica Clarke of the University of Minnesota Law School and can be viewed below. It’s a fascinating comparison of sexual harassment cases in which the harasser and target are the same sex, and cases in which they are opposite sexes. Enjoy!

Preview The RightsCast, Episode 5: Jessica Clarke, Inferring Desire

In this week’s episode of The RightsCast, I talk with Professor Jessica Clarke (University of Minnesota) about her research comparing sexual harassment cases involving same-sex harassment with those involving opposite-sex harassment.

Selected to the 2014 ABA Blawg 100

I’m pleased to announce that this blog — which is still less than a year old — has been selected to the ABA Blawg 100. The 100 selected blogs are now competing against one another in 13 categories. Mine is in the “Prof” division. If you’re so inclined, please check out the full list of 100 blogs and consider voting for me.

If you’re new to this blog and made your way here from the ABA Journal site, here are a few posts from the past year that, I think, collectively capture what my blog is about:

“Negative Identity”: Forthcoming in the Southern California Law Review

I’ve very pleased to announce that I have accepted an offer to publish my article “Negative Identity” in the Southern California Law Review. I look forward very much to working with the bright and dedicated students at USC.

A draft of the article is available here. Since the article is slated for publication in September 2015, I have time to edit the piece. I welcome comments on the piece, which is available on SSRN. Here is the abstract: Continue reading

Working Draft: Negative Identity

I’ve posted a draft of one of my current research projects on SSRN. The piece is called “Negative Identity.” Here’s the abstract:

This Article examines the social and legal status of “negative identity”—identity marked by indifference or antipathy to something that much of society considers fundamental. As examples of negative identity, the Article considers those who identify as atheist, asexual, single, or childfree.

The Article begins by giving content to negative identity. Atheist, asexual, single, and childfree identity consists of more than merely the respective lack of religion, sexual attraction, partnership, or children. Rather, these negative identities are meaningful to group members, add value to society, and thus deserve legitimacy and respect. Unfortunately, respect is not always forthcoming: negative identity group members experience significant animus, discrimination, and marginalization.

This state of affairs requires legal intervention. I demonstrate that under current law negative identity is under-protected relative to analogous positive identity categories. In many legal contexts, including employment, housing, public benefits, and taxation, members of negative identity groups are treated differently and worse than their positive identity counterparts. Consequently, the Article proposes a broad reevaluation of laws that implicate negative identity. Negative identity deserves the same protection as positive identity against direct discrimination, which I define as worse treatment based purely on hostility to the identity. When negative identity groups indirectly subsidize positive identity groups, legal actors should undertake a holistic inquiry into all relevant factors in order to determine whether the subsidy is justified.

I’d love to hear any comments, but as I note, it’s a working draft, so please don’t quote or cite without permission.