593 Sexuality and the Law

Issues in the legal regulation of sexuality and gender identity are among the most contested in US law today. Issues which either have been litigated in US courts in recent years or are currently being litigated include the ability of same-sex couples to marry, people’s access to contraception or abortion, as well as the ability of LGBTQ persons to access health care, public accommodations, employment, and education without discrimination. This course takes an interdisciplinary approach to the investigation of the legal regulation of human sexuality and gender identity. It examines the historical and jurisprudential foundations of these legal constructs with insights developed through feminist and queer theory. These disciplines will be deployed to better understand the scope of the rights to sexual and gender equality, liberty, and autonomy available to people not only in theory, but in fact, and not only at the national level, but at the state and local levels.

Course Areas of Practice
Evaluation Methods
  • Research and/or analytical paper(s), 10-15 pages
  • Midterm
  • Class participation
Degree Requirements
Course Type
  • Seminar
Learning Outcomes
  • Knowledge and understanding of substantive and procedural law

Spring 2024

2024
Course Number Course Credits Evaluation Method Instructor

593.01 2
  • Research and/or analytical paper(s), 10-15 pages
  • Midterm
  • Class participation
Juliette Duara

Issues in the legal regulation of sexuality and gender identity are among the most contested in US law today. Issues which either have been litigated in US courts in recent years or are currently being litigated include the ability of same-sex couples to marry, people’s access to contraception or abortion, as well as the ability of LGBTQ persons to access health care, public accommodations, employment, and education without discrimination. This course takes an interdisciplinary approach to the investigation of the legal regulation of human sexuality and gender identity. It examines the historical and jurisprudential foundations of these legal constructs with insights developed through feminist and queer theory. These disciplines will be deployed to better understand the scope of the rights to sexual and gender equality, liberty, and autonomy available to people not only in theory, but in fact, and not only at the national level, but at the state and local levels.

Pre/Co-requisites
None

Fall 2022

2022
Course Number Course Credits Evaluation Method Instructor

593.01 2
  • Research and/or analytical paper(s), 10-15 pages
  • Midterm
  • Class participation
Juliette Duara

Issues in the legal regulation of sexuality and gender identity are among the most contested in US law today. Issues which either have been litigated in US courts in recent years or are currently being litigated include the ability of same-sex couples to marry, people’s access to contraception or abortion, as well as the ability of LGBTQ persons to access health care, public accommodations, employment, and education without discrimination. This course takes an interdisciplinary approach to the investigation of the legal regulation of human sexuality and gender identity. It examines the historical and jurisprudential foundations of these legal constructs with insights developed through feminist and queer theory. These disciplines will be deployed to better understand the scope of the rights to sexual and gender equality, liberty, and autonomy available to people not only in theory, but in fact, and not only at the national level, but at the state and local levels.

Pre/Co-requisites
None

Fall 2021

2021
Course Number Course Credits Evaluation Method Instructor

593.01 2
  • Research and/or analytical paper(s), 10-15 pages
  • Midterm
  • Class participation
Juliette Duara

Issues in the legal regulation of sexuality are among the most contested in US law today. Questions which either have been litigated in US courts in recent years, or are currently being litigated include whether: a) same-sex couples are entitled to the same marriage rights as heterosexual couples, b) women should have access to contraception or abortion, c) LGBTQ persons can rely on constitutional and statutory provisions providing for equal protection or nondiscrimination when availing of goods and services provided either by the government or by commercial entities, and d) LGBTQ persons are entitled to protection from employment discrimination. Assessing the merits of the arguments of parties involved in litigating these issues requires delving into the disparate areas of law which converge in these cases. These areas of law include the jurisprudences of liberty, privacy, equal protection, and the free exercise of religion, as well as issues concerning the extent of executive authority. This course will explore these issues through an examination of recent US jurisprudence, as well as statutory law and regulatory actions, as they pertain to LGBTQ rights and women’s reproductive rights at both the state and national levels. While the primary focus will be on developments in the US, the treatment of similar issues in selected foreign jurisdictions may be introduced occasionally to present alternative approaches.

Pre/Co-requisites
None

Spring 2019

2019
Course Number Course Credits Evaluation Method Instructor

593.01 2
  • Research and/or analytical paper(s), 10-15 pages
  • Midterm
  • Class participation
Juliette Duara

Issues in the legal regulation of sexuality are among the most contested in US law today.  Determining a) whether gays and lesbians are entitled to the same marriage rights as heterosexual couples, b) whether the gender identities of transgender persons are to be accepted in public facilities like restrooms, c) if and when women should have access to contraception or abortion, and d) whether LGBTQ persons can rely on constitutional and statutory provisions providing for equal protection or nondiscrimination when availing of government provided services or commercial services, are all questions which either have been litigated in US courts in recent years, or are currently being litigated.  Assessing the merits of the arguments of parties involved in litigating these issues requires delving into the disparate areas of law which converge in these cases.  These areas of law include the jurisprudences of liberty, privacy, equal protection and the free exercise of religion, as well as issues concerning the extent of executive authority.  This course will explore these issues through an examination of recent US jurisprudence, as well as statutory law and regulatory actions, as they pertain to LGBTQ rights and women’s reproductive rights at both the state and national level.  While the primary focus will be on developments in the US, the treatment of similar issues in selected foreign jurisdictions will be introduced occasionally to present alternative approaches.

Pre/Co-requisites
None

Spring 2018

2018
Course Number Course Credits Evaluation Method Instructor

593.01 2
  • Research and/or analytical paper(s), 10-15 pages
  • Midterm
  • Class participation
Juliette Duara

Issues in the legal regulation of sexuality are among the most contested in US law today.  Determining a) whether gays and lesbians are entitled to the same marriage rights as heterosexual couples, b) whether the gender identities of transgender persons are to be accepted in public facilities like restrooms, c) if and when women should have access to contraception or abortion, and d) whether LGBTQ persons can rely on constitutional and statutory provisions providing for equal protection or nondiscrimination when availing of government provided services or commercial services, are all questions which either have been litigated in US courts in recent years, or are currently being litigated.  Assessing the merits of the arguments of parties involved in litigating these issues requires delving into the disparate areas of law which converge in these cases.  These areas of law include the jurisprudences of liberty, privacy, equal protection and the free exercise of religion, as well as issues concerning the extent of executive authority.  This course will explore these issues through an examination of recent US jurisprudence, as well as statutory law and regulatory actions, as they pertain to LGBTQ rights and women’s reproductive rights at both the state and national level.  While the primary focus will be on developments in the US, the treatment of similar issues in selected foreign jurisdictions will be introduced occasionally to present alternative approaches.

Pre/Co-requisites
None

Fall 2016

2016
Course Number Course Credits Evaluation Method Instructor

593.01 2
  • Research and/or analytical paper(s), 10-15 pages
  • Midterm
  • Class participation
Juliette Duara

Issues in the legal regulation of sexuality are among the most contested in US law today.  Determining a) whether gays and lesbians are entitled to the same marriage rights as heterosexual couples, b) which toilets transgender people are to use, c) if and when women should have access to contraception or abortion, and d) what rights sexual minorities have when availing of the services of a public servant whose religious convictions conflict with that public servant’s duties, are all questions which either have been litigated in US courts in recent years, or are currently being litigated.   Assessing the merits of the arguments of parties involved in litigating these issues requires delving into the disparate areas of law which converge in these cases.  These areas of law include the jurisprudences of liberty, privacy and equal protection and issues in the exercise of executive authority.  They require probing the boundaries of states’ rights and federal authority, individual liberty and the free exercise of religion.  

The course will explore this complex array of issues through four units: First, students will investigate different conceptions of sex, sexuality and gender, including the theoretical, philosophical, and, where relevant, religious, foundations of each different conception.  The second unit on “Sexuality, the Constitution and Supreme Court Jurisprudence” involves the study of US Supreme Court decisions governing sexuality, including such cases as Loving v. Virginia, Roe v. Wade, Lawrence v. Texas, Burwell v. Hobby Lobby Stores, Inc., and Obergefell v. Hodges.  The third unit will examine the status of discrimination law as it pertains to the LGBTQ communities with special attention given to educational institutions, the workplace and the military.  The fourth and final unit will deploy knowledge gained in the first three units to evaluate the litigation involving the treatment of transgender people, i.e. the litigation involving North Carolina’s House Bill 2 or HB2, the suit by officials in 11 states against the federal government over the Obama administration’s guidance on transgender rights, and any other similar litigation that is on-going at the time the unit commences.

Pre/Co-requisites
None

*Please note that this information is for planning purposes only, and should not be relied upon for the schedule for a given semester. Faculty leaves and sabbaticals, as well as other curriculum considerations, will sometimes affect when a course may be offered.