Description
The law has always attempted to control human sexuality. This seminar will therefore examine the challenges posed in law and society by sexuality in general and sexual orientation in particular. It will also explore some of the intersections, or even hierarchies, between sexuality (which is defined to include gender as well as sexual orientation), race and class. Of particular import will be an examination of domestic and foreign case law, including some of the U.S. Supreme Court's gay/lesbian jurisprudence, and other decisional law (i.e., statutes, treaties, etc., where necessary or implicated), in which different decision-making bodies have analyzed and resolved claims of sexuality. The doctrinal material, i.e., the cases and statutes, will provide a starting point for discussion. But discussion will focus primarily on the pressing philosophical, theoretical and legal questions presented by the different challenges, intersections and hierarchies under consideration. In lieu of an exam, students will write a paper (which satisfies the writing requirement) on a topic approved by the professor.
