Skip to main content

Sexuality

Linked resources

Items linked to this Legal Concept

Items with "Legal Concept: Sexuality"
Title Description Class
Baker v. Nelson Baker v. Nelson was first same-sex marriage case to be reviewed by the Supreme Court. The Supreme Court dismissed the appeal from the Minnesota Supreme Court, stating that the case did not bring forward "a substantial federal question." This case reflects the lack of thought given to LGBTQ+ rights in 1972.
Bowers v. Hardwick Later overturned by Lawrence v. Texas, this Supreme Court case ruled that the 14th Amendment did not prevent states from prohibiting sexual relations between same-sex couples.
Comstock Act The Comstock Act restricted obscene material, contraceptives, and abortion-related materials from being sent through the mail. The act was named for Anthony Comstock, a member of the New York Society for the Suppression of Vice and a postal inspector. This act was passed during a time when healthcare was shifting from a woman's responsibility to a professional man's responsibility.
Dear Colleague Letter This letter, sent to the departments of education in all 50 states, summarizes the Trump administration's position on diversity, equity, and inclusion (DEI). While the letter does not carry the force of law, it states that any institutions of higher education who do not comply with the administration's interpretation of existing nondiscrimination requirements may lose federal funding.
Defense of Marriage Act The Defense of Marriage Act defined marriage federally as between a man and a woman, and allowed each state to recognize marriage based on its own definition. As a result, same-sex marriages granted under the laws of some states were not recognized by others.
Executive Order 10450 - Security Requirements for Government Employment A part of the Lavender Scare, President Dwight D. Eisenhower's Executive Order 10450 banned members of the LGBTQ+ community from being employed by the federal government.
Executive Order 14151 - Ending Radical And Wasteful Government DEI Programs And Preferencing This executive order by President Donald Trump directs the Office of Management and Budget to terminate all mandates, policies, programs, preferences, and activities relating to diversity, equity, inclusion, and accessibility. It also requires federal agencies to report a list of all employees in DEI positions within 60 days. As a result, these employees were terminated.
Executive Order 14168 - Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government This executive order by President Donald Trump narrowly defines sex and gender in a way inconsistent with biology, prohibits gender self-identification on federal documents, ends funding for gender-affirming care, and restricts transgender people from being imprisoned in facilities consistent with their gender identity.
Executive Order 14173 - Ending Illegal Discrimination and Restoring Merit-Based Opportunity This executive order by President Donald Trump takes aim at diversity, equity, inclusion, and accessibility initiatives in private institutions, especially institutions of higher education receiving federal funding. It also revokes several longstanding executive orders related to equal employment opportunity and affirmative action.
Executive Order 14190 - Ending Radical Indoctrination in K-12 Schooling This executive order by President Donald Trump directs the U.S. Department of Education and other federal agencies to end funding and support for "illegal and discriminatory treatment and indoctrination" in K-12 schools, including based on "gender ideology" and "discriminatory equity ideology." It also calls for the reestablishment of the President’s Advisory 1776 Commission "to promote patriotic education."
From Back Alley to the Border: Criminal Abortion in the 20th Century U.S. This teaching module looks at the history of criminal abortion in the 20th century, featuring a webinar with Alicia Gutierrez-Romine, author of the 2020 book, From Back Alley to the Border: Criminal Abortion in California, 1920-1969.
Interim Report on Employment of Homosexuals and Other Sex Perverts in Government Following World War II, there was a surge in growth of gay culture in cities. Young people were moving to cities in droves, and they used the anonymity they found in cities to practice their sexuality. The backlash against the increasingly prevalent gay culture was known as the Lavender Scare. Tied to the Red Scare, many homosexual people were fired from their roles working for the federal government. The Interim Report on Employment of Homosexuals and Other Sex Perverts in Government summarized the people they deemed unsuited to work for the government due to their sexuality. As a result, thousands of gay employees were fired or forced to resign from government roles, and other gay individuals never applied for fear of being outed.
Lawrence v. Texas This Supreme Court case struck down a Texas law that criminalized sexual relations between people of the same sex. Lawrence v. Texas ruled that all sexual relations between consenting adults is legal.
Loving v. Virginia In this landmark civil rights case, the Supreme Court ruled that laws banning interracial marriage were unconstitutional for violating the Equal Protection and Due Process clauses of the Fourteenth Amendment.
Nebraska Civil Rights Initiative This amendment to the Nebraska Constitution banned the use of affirmative action in the "operation of public employment, public education, or public contracting." It was initiated as a ballot measure that was approved in 2008.
Obergefell v. Hodges In the landmark decision in Obergefell v. Hodges, the Supreme Court found that same-sex marriage was protected under the equal protection clause of the 14th Amendment.
People v. Belous This is a case before the California Supreme Court looking at abortion rights. It focused on a physician's ability to practice medicine unimpeded and the extent of physicians' abilities to determine when an abortion would be necessary to protect a woman's life.
Perez v. Sharp In this case, a 4-3 majority of the Supreme Court of California ruled that the state's ban on interracial marriage violated the 14th Amendment. It was the first of any state to strike down an anti-miscegenation law in the U.S, preceding Loving v. Virginia by almost 20 years.
Re: DEI Programs Are Lawful Under Federal Civil Rights Laws and Supreme Court Precedent This memorandum from law professors across the United States explains how diversity, equity, and inclusion initiatives are legally defensible, in spite of the January 21, 2025, Executive Order titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity."
State of Missouri v. Celia In this case, eighteen-year-old Celia was convicted of murdering her enslaver. The case considered whether Celia was guilty of murder or if she could be acquitted due to self-defense from sexual assault. The court ruled that Celia's enslaved status prevented her from being eligible to protect herself, and she was sentenced to death.
The Woman Suffrage Movement and Frederick Douglass In this speech given on the 60th Anniversary of the Seneca Falls Convention, Black women's rights advocate Mary Church Terrell reflects on the role of Frederick Douglass in the women's suffrage movement.
United States v. Windsor In this case, the Supreme Court overturned the 1996 Defense of Marriage Act. It examined the argument of a same-sex couple who were married in Canada and wanted the tax benefits of marriage after one partner died. While same-sex marriage was recognized by the State of New York, the Defense of Marriage Act prevented federal recognition of their marriage.
Webinar - From Back Alley to the Border: Criminal Abortion in the 20th Century U.S. In this webinar, Dr. Alicia Gutierrez-Romine of California State University, San Bernardino, discusses U.S. constitutionalism and criminal abortion in the 20th century with Dr. William Thomas and his American Constitutional History class.
Wyoming Declaration of Rights The first article of the State of Wyoming's Constitution enumerates certain rights within the state. Wyoming Territory was the first government to grant women suffrage rights, and that right was preserved in the Declaration of Rights when organizing the state government.