scholarly journals Sexual Orientation and Gender Identity as Penalizing Criteria of Hate Speech

2020 ◽  
Vol 40 (1) ◽  
pp. 91-108
Author(s):  
Filip Mateusz Ciepły
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Supreme Court ◽  
Criminal Law ◽  
Hate Speech ◽  
Criminal Responsibility ◽  
European Law ◽  
Legal Doctrine ◽  
And Gender

The article contains arguments raised in Polish discussion on the problem of sexual orientation and gender identity as penalizing criteria of hate speech. The Author points out regulations of Polish criminal law providing conditions of criminal responsibility for hate speech and binding criteria of the penalization, draft amendments in this area presented in recent years, as well as Polish legal doctrine or Supreme Court reviews referred to the issue. The background of the analyzes are provisions of international and European law as well as selected European states.

The US Supreme Court and the Future of Sexual and Gender Minority Health

2021 ◽  
pp. e1-e3
Author(s):  
Michael Liu ◽  
Jack L. Turban ◽  
Kenneth H. Mayer
Keyword(s):  
United States ◽  
Sexual Orientation ◽  
Civil Rights ◽  
Gender Identity ◽  
Supreme Court ◽  
The United States ◽  
Physical And Mental Health ◽  
Gender Minority ◽  
Sexual And Gender Minority ◽  
And Gender

Over the past decade, the United States has made substantial progress in advancing the rights of sexual and gender minority (SGM) people. In 2015, the Supreme Court of the United States (SCOTUS) decision in Obergefell v. Hodges provided same-sex couples the fundamental right to marry across the United States.1 In 2020, the landmark Bostock v. Clayton County decision extended the interpretation of “on the basis of sex” under title VII of the 1964 Civil Rights Act to prohibit workplace discrimination on the basis of sexual orientation and gender identity.2 This sweeping decision sets the precedent that other sex-based antidiscrimination laws should be interpreted to include SGM people. However, explicit and broad protections based on sexual orientation and gender identity are not common features of federal laws, and existing SGM protections remain tenuous, as they rely on judicial interpretation. With recent shifts in the composition of SCOTUS, there is the increasing possibility that the hard-earned protections for SGM people in the United States will be reversed through recently argued and upcoming cases. Based on the available empirical evidence, we are concerned about the possible physical and mental health sequelae. (Am J Public Health. Published online ahead of print May 20, 2021: e1–e3. https://doi.org/10.2105/AJPH.2021.306302 )

Legal Discrimination in the United States based on Sexual Orientation and Gender Identity

2017 ◽  
Vol 49 (1) ◽  
pp. 41-59
Author(s):  
Mark C Miller
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Supreme Court ◽  
The United States ◽  
Equal Protection Clause ◽  
Strict Scrutiny ◽  
The Supreme Court ◽  
Lgbt Community ◽  
And Gender ◽  
The U.S

When the U.S. Supreme Court declared that same-sex marriage would be legal throughout the country, that decision did not end the possibility of other types of discrimination on the basis of sexual orientation or gender identity. The U.S. Supreme Court has been very unclear about what standard to use when the courts face claims of discrimination based on these characteristics. In cases decided under the Fourteenth Amendment’s Equal Protection Clause, the Court has stated that lower courts should use one of three standards, based on the type of discrimination alleged. These three standards for review are known as rational basis, intermediate review, and strict scrutiny. This article, based on both empirical and normative analysis, will explore the proper legal standard that the Supreme Court should use in these cases. Since several states have begun to enact laws that encourage discrimination on the basis of sexual orientation and gender identity, this article will argue that the Supreme Court should use strict scrutiny in these cases because the LGBT community is clearly a discrete and insular minority subject to targeted discrimination.

scholarly journals Queering participatory planning

2021 ◽  
pp. 095624782110193
Author(s):  
Vanesa Castán Broto
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Queer Theory ◽  
Political Representation ◽  
Participatory Planning ◽  
Radical Democracy ◽  
Politics Of Identity ◽  
The World ◽  
Participatory Processes ◽  
And Gender

All over the world, people suffer violence and discrimination because of their sexual orientation and gender identity. Queer theory has linked the politics of identity and sexuality with radical democracy experiments to decolonize development. Queering participatory planning can improve the wellbeing of vulnerable sectors of the population, while also enhancing their political representation and participation. However, to date, there has been limited engagement with the politics of sexuality and identity in participatory planning. This paper identifies three barriers that prevent the integration of queer concerns. First, queer issues are approached as isolated and distinct, separated from general matters for discussion in participatory processes. Second, heteronormative assumptions have shaped two fields that inform participatory planning practices: development studies and urban planning. Third, concrete, practical problems (from safety concerns to developing shared vocabularies) make it difficult to raise questions of identity and sexuality in public discussions. An engagement with queer thought has potential to renew participatory planning.

Testing Mark-all-that-apply Measures of Sexual Orientation and Gender Identity

Field Methods ◽  
2018 ◽  
Vol 30 (4) ◽  
pp. 357-370 ◽  
Author(s):  
Philip S. Brenner ◽  
Justine Bulgar-Medina
Keyword(s):  
Sexual Orientation ◽  
Best Practices ◽  
Gender Identity ◽  
Data Quality ◽  
Forced Choice ◽  
Social Identities ◽  
Factorial Survey ◽  
Survey Experiment ◽  
Race Ethnicity ◽  
And Gender

Many social identities (e.g., race, ethnicity) are measured using mark-all-that-apply (MATA) questions because they allow survey respondents to account for the multiple, nonexclusive ways in which they identify themselves. We test the use of MATA measures of sexual orientation and gender identity and compare them with forced choice (FC), an alternative format using a series of yes-or-no questions. Respondents, including an oversample of lesbian, gay, bisexual, and queer (LGBQ) individuals, participated in a 2 × 3 factorial survey experiment. For the first factor, we hypothesize that respondents randomly assigned to FC will report a higher count of identities than those assigned to MATA. For the second factor, we hypothesize that increased topic salience will help LGBQ respondents in particular to overcome poor question design. Findings suggest that MATA and FC measure comparably when question writing best practices are followed, but topic salience can yield higher data quality when poorly formatted questions are used.

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