CLJ 114 QUIZ 2

What is the main argument of Andrea Ritchie's 'Invisible No More'?

Policing systems systematically criminalize women of color, whose experiences are often ignored in discussions of police violence.

Define intersectionality in the context of policing.

The overlapping identities of race, gender, class, and immigration status that influence how individuals are targeted by police.

Why are Black women more likely to be strip-searched at borders despite lower drug-carrying rates?

It is a result of stereotype-based policing rather than evidence-based suspicion.

What are 'queer criminal archetypes' as defined by Mogul et al.?

Repeated stereotypes portraying LGBTQ people as dangerous, deceptive, or deviant to justify policing and judicial action.

What is the primary purpose of modern anti-trans laws according to the Trans Legal Timeline?

To enforce the gender binary and heteronormativity.

What was the legal significance of Bowers v. Hardwick (1986)?

It allowed for the criminalization of same-sex intimacy.

What was the legal significance of Lawrence v. Texas (2003)?

It legalized same-sex intimacy, overturning previous sodomy laws.

What was the legal significance of Obergefell v. Hodges (2015)?

It legalized same-sex marriage nationwide.

What does the 'gender-affirmative model' support?

Supporting the identity of transgender youth.

What is the 'disparate impact' doctrine?

The concept that laws which appear neutral on their face can still harm specific groups disproportionately.

What did the Civil Rights Act of 1964 protect?

Race, sex, religion, and national origin.

What was the legal basis for abortion rights in Roe v. Wade (1973)?

The right to privacy under the 14th Amendment.

How did Planned Parenthood v. Casey (1992) affect abortion rights?

It reaffirmed the right to abortion but allowed for increased state regulation.

What was the outcome of Dobbs v. Jackson Women's Health Organization (2022)?

It overturned Roe v. Wade, returning the authority to regulate or ban abortion to individual states.

What is the 'door shifting' strategy in advocacy?

The practice of moving to a new strategy or legal argument when a previous one fails.

What are the current 'new doors' being used to target LGBTQ rights?

Sports bans, healthcare bans, education restrictions, and religious freedom arguments.

What is the significance of the NJ4 case?

It involved Black lesbians who were criminalized for exercising self-defense.

What is the primary focus of modern anti-trans legislation?

Trans healthcare bans, sports restrictions, bathroom laws, and the criminalization of parents.

How does the media contribute to queer criminal archetypes?

By amplifying stereotypes and using fear-based language like 'predator' or 'deviant'.

What was the impact of the Defense of Marriage Act (1996)?

It defined marriage exclusively as a union between a man and a woman.

What is the relationship between mass incarceration and socioeconomic status?

Mass incarceration targets poor people across all categories of race, gender, and sexuality.

What does research suggest regarding the rejection of trans youth?

Rejection leads to significant harm, whereas support leads to better mental health outcomes.

What does DOMA stand for?

Defense of Marriage Act; a law that defined marriage as the union of one man and one woman, denying federal recognition of same-sex marriages.

What did the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act do?

Expanded federal hate crime protections to include crimes motivated by gender, sexual orientation, and gender identity.

How is gender determined socially?

Gender is often assigned based on social and visual cues, reflecting societal expectations and norms.

What is the gender-affirmative model?

A care model that supports children in exploring their gender identity with guidance and affirming support.

What does WPATH represent?

World Professional Association for Transgender Health; an organization that provides standards of care for gender-affirming treatment based on evidence.

Summarize the main argument of the reading on legal attacks against transgender youth.

The reading argues that current legal measures against transgender youth reflect a historical use of law to uphold heterosexual, cisgender norms and enforce a binary gender system.

What is a concise summary of the reading?

The article outlines a timeline of anti-LGBT and anti-trans laws, showing how they target transgender youth and asserting that support leads to better mental health outcomes.

What case recognized a woman's right to use contraceptives?

Griswold v. Connecticut (1965) established a right to privacy concerning the use of contraceptives.

What did Meyer v. Nebraska establish?

Meyer v. Nebraska (1923) recognized constitutional protections for parenting and family rights.

What did Roe v. Wade (1973) establish regarding abortion?

Roe v. Wade established that the Due Process clause of the 14th Amendment protects a woman's right to choose abortion.

What is the trimester framework established by Roe v. Wade?

States cannot regulate abortion in the first trimester, may impose regulations in the second, and can regulate or prohibit it in the third trimester once fetal viability is reached.

What did Planned Parenthood v. Casey (1992) reaffirm?

It reaffirmed the core holding of Roe v. Wade regarding the constitutional right to abortion.

What did the Dobbs v. Jackson Women’s Health Organization (2022) ruling conclude?

The ruling concluded that the Constitution does not grant a right to abortion, effectively ending federal protection for abortion rights.

What significant change did the Dobbs ruling bring to abortion regulation?

It returned the authority to regulate or ban abortion access to individual states.

What is the 'undue burden' standard established by Casey?

A legal standard that determines whether state restrictions on abortion are unconstitutional if they place significant obstacles in the path of a woman seeking an abortion before fetal viability.

What impact has the Texas vigilante law had on abortion rights?

The Texas law bans abortion after six weeks and allows private citizens to sue anyone who provides or assists with an abortion.

What is a significant trend in the criminalization of pregnancy?

There has been a startling increase in the criminalization of pregnant people, with significant cases involving allegations of substance use.

How are Fetal Protection Laws evolving?

Fetal Protection Laws are increasingly seeing a fetus as having rights, leading to legal measures that classify drug use during pregnancy as child abuse.

How does the use of Non-Disclosure Agreements (NDAs) threaten equality?

NDAs are used to suppress information regarding workplace misconduct and inequality, impeding transparency and accountability.

What is the significance of Wal-Mart v. Dukes?

This case represents challenges to large-scale class-action discrimination suits and highlights contemporary threats to equality.

What legal protections exist against gender-based harassment in the workplace?

Title VII of the Civil Rights Act and Title IX provide protections against sexual harassment and ensure equal access to educational opportunities.

What does 'disparate impact' refer to in legal terms?

It refers to employer policies that appear neutral but disproportionately harm specific groups, like women.

What percentage of prosecutions for pregnancy-related cases involved individuals deemed legally indigent?

Nearly 85% of these cases involve individuals considered legally indigent.

What was the significance of Alice Mitchell's case (1892)?

The media portrayed her violent act as evidence of lesbianism being associated with insanity and a threat to traditional family values.

How did the Leopold and Loeb trial (1924) contribute to stereotyping?

This trial established the 'gleeful gay killer' archetype, framing gay men as dangerous.

What was the effect of the Immigration Act of 1952 on LGBTQ individuals?

It allowed exclusion of 'aliens afflicted with psychopathic personality,' specifically targeting sexual orientation.

What was the Lavender Scare during the Cold War?

It involved the systematic purging of LGBTQ individuals from government employment, labeling them as 'security threats'.

What was the outcome of Griswold v. Connecticut (1965)?

This case established a constitutional right to privacy, laying a foundation for future LGBTQ rights.

What did the Stonewall Uprising represent in 1969?

It marked a turning point where LGBTQ individuals resisted police brutality and fought against criminalization.

What was the role of Title IX passed in 1972?

It ensured equal access to educational opportunities regardless of sex, supporting gender equity.

What was the societal impact of Anita Bryant's campaign in 1977?

It popularized anti-LGBTQ narratives, contributing to a wave of discriminatory legislation.

What was the significance of Bowers v. Hardwick (1986)?

The Supreme Court upheld sodomy laws, ruling there was no constitutional protection for private, consensual same-sex intimacy.

What change did the Defense of Marriage Act (DOMA) bring in 1996?

It federally defined marriage as between one man and one woman, denying same-sex marriage recognition.

How did Lawrence v. Texas (2003) affect sodomy laws?

This ruling overturned Bowers v. Hardwick, decriminalizing sodomy and affirming a right to private conduct.

What protections were expanded by the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009?

It included sexual orientation and gender identity in federal hate crime protections.

What was the outcome of Obergefell v. Hodges (2015)?

The Supreme Court ruled state bans on same-sex marriage unconstitutional, legalizing it nationwide.

What did Bostock v. Clayton County (2020) establish regarding employment?

It determined that discrimination based on sexual orientation or gender identity violates Title VII of the Civil Rights Act.

What were some actions taken by the federal government against trans rights between 2017 and 2020?

Bans on trans enrollment in the military and rescinding guidelines on trans student rights.

How has healthcare access changed for trans youth in recent years?

34% live in states that have banned or restricted gender-affirming care, with some states labeling it as 'child abuse'.

What was the aim of Florida’s 'Don't Say Gay' bill?

To restrict the instruction on gender and sexuality in schools.

What did North Carolina's HB2 (2016) target?

It was an early example of 'bathroom bills' that restricted trans individuals' access to facilities.