593.01 Sexuality and the Law

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.

Fall 2021

Course Number Course Credits Evaluation Method Instructor
Course Credits
Research and/or analytical paper(s), 10-15 pages
Class participation
Juliette Duara
Sakai site: https://sakai.duke.edu/portal/site/LAW.593.01.F21
Email list: LAW.593.01.F21@sakai.duke.edu
Degree Requirements
Course Requirements - JD
Course Requirements - LLM
Course Requirements - Public Interest
Course Areas of Practice