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Reclaiming Personal Privacy Rights Through the Freedom of Intimate Association
Get PDFThe United States has entered a new constitutional era where substantive due process, under attack by the Supreme Court itself, can no longer be viewed as a solid foundation for the securing of personal privacy rights. In a post-Dobbs v. Jackson Women’s Health Organization world, the right to personal privacy, long understood to be protected under the Fifth and Fourteenth Amendments’ Due Process Clauses, is in need of a new doctrinal home. The evisceration of modern substantive due process in the context of abortion rights implicates and endangers LGBTQ+ rights and other personal privacy rights as well. As such, it is essential to identify alternative potential constitutional sources of protection for personal privacy and relationships.
This Article begins by describing various responses to Dobbs in the aftermath of the decision’s release. In the first year following the Supreme Court’s stripping away of substantive due process protections for abortion rights, scholars have proposed various ways to either preserve substantive due process or to establish alternative doctrinal homes for the protection of personal privacy rights. Such responses to Dobbs have often reflected concerns that even beyond reproductive rights, liberty protections for autonomy and privacy in our most personal relationships and life choices, including those of members of same-sex couples and other less traditionally protected relationships, are also in danger.
One such alternative doctrinal home for personal privacy is the freedom of intimate association. This Article describes the potential that the freedom of intimate association offers as a safe haven for the right to personal privacy, particularly for familial, romantic, and sexual intimate relationships of same-sex couples and others. The Article documents the evolution of the freedom of intimate association as a hybrid right largely grounded in the First Amendment, from older privacy cases to the first case explicitly naming the freedom of intimate association, Roberts v. United States Jaycees, and beyond. This Article explains how intimate association rights are distinct from, and provide greater constitutional protections than, the expressive associational rights that have been usurped by businesses seeking to deny public accommodations to LGBTQ+ people and using the First Amendment to do so, including in the 2023 free speech case, 303 Creative LLC v. Elenis.
That said, the freedom of intimate association’s evolution has included splintered interpretations and application over the years, including as to the appropriate role of tradition and history in determining the extent of protections for intimate relationships. This Article proposes a repositioning of tradition along with a reclaiming of intimacy itself to pave the path for future cases in which LGBTQ+ people and others may successfully claim the strong constitutional protections to which they are entitled for their personal relationships, through the long-neglected freedom of intimate association doctrine
Leadership, Law, and Pipelines to Power
No full textLeadership, Law, and Pipelines to Power offers an innovative and interdisciplinary approach for the study of inequality across professions, especially the legal profession. Designed for use in law school and higher education classrooms, the text is essential reading for students in all fields, especially those who aspire to leadership roles in their educational settings and professional life. Women enter the professions in numbers equal to men but comprise only a fraction of leadership roles in politics, the judiciary, law firms, the corporate world, higher education, and beyond. Women of color fare even worse. Written in direct response to this glaring inequality, Leadership, Law, and Pipelines to Power offers an innovative approach to address and remedy enduring gender disparities. In its second edition, this casebook includes revised content and expanded discussions that explore and scrutinize barriers faced by all minorities.Essential reading for anyone aspiring to a leadership role in any field or profession, the casebook exposes readers to intersections of gender, race, class, power and law through both historical and contemporary works. It also explores post-feminism discrimination ignored by the modern legal system, including the glass cliff, shortlisting, emotional taxation, admin burdens, work wife syndrome, gender sidelining, imposter syndrome, #MeToo, and other gender-based barriers.The book is designed for a semester-long course. Each of the ten chapters weaves together excerpts of legal cases and scholarly articles designed to facilitate discussion based upon carefully crafted thought questions. As one way to educate, inspire, and even mentor readers, the casebook relies heavily on the use of narrative as a thread throughout the entire text. Excerpts about transformative leaders appear throughout to educate, inspire, and mentor students. The conclusion offers concrete guidance for readers to apply in their educational and professional lives as they pursue leadership paths, and proposes restructuring and other reforms to create a world of leaders who reflect the public they serve.https://scholarlycommons.law.cwsl.edu/books/1001/thumbnail.jp
The Emerging Asian Model of Infrastructure Financing and Development?: Evidence from China, Indonesia, and Vietnam
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