Author Archives: Katherine Franke

60+ Law Professors Submit Comments On ACA Contraception Accommodation

Reposted from The Public Rights / Private Conscience Project Blog Back in August the Obama Administration responded to the Supreme Court’s opinion inHobby Lobby and its order in Wheaton College by issuing two new sets of regulations to govern the … Continue reading

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The New HHS Regulations Can’t Win A Zero-Sum Game

Kara Loewentheil is the Director of the Public Rights / Private Conscience Project and a Research Fellow at Columbia Law School. You can find out more about the Project here. This blog was originally posted on the Center for Gender … Continue reading

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Contraception: A Prescription for Women’s Equality

By Kara Loewentheil, Director of the Public Rights / Private Conscience Project in the Center for Gender & Sexuality Law at Columbia Law School. This blog was originally posted as part of a set of pieces about contraception and the … Continue reading

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Over 50 Legal Scholars Urge President Obama to Deny Religious Exemption Clause in LGBT Executive Order

More than 50 legal scholars today strongly urged President Obama to resist calls for an overly broad religious exemption in a proposed executive order prohibiting sexual orientation and/or gender identity discrimination by federal contractors. The effort is being spearheaded by … Continue reading

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What A Difference Three Days Make: The Hobby Lobby Fallout Arrives

By: Kara Loewentheil Kara Loewentheil is a research fellow and the director of the Public Rights/Private Conscience Project in the Center for Gender and Sexuality Law at Columbia Law School. You can see her interview on Bloomberg News with more of her … Continue reading

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Columbia Law School announces launch of Public Rights/Private Conscience Project

Today the Center for Gender and Sexuality Law will launch it’s Public Rights/Private Conscience Project – a new think-tank created to reconceptualize and reset the intractable standoff between religious liberty and equality/sexual liberty.  The Project is funded with substantial grants from the … Continue reading

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CRR-CLS Reproductive Rights Fellowship – apply by February 28th

The deadline for the 2014-2016 Columbia Law School – Center for Reproductive Rights Fellowship (CRR-CLS Fellowship) has been extended to February 28, 2014! The CRR-CLS Fellowship is an exciting opportunity for recent law school graduates who are interested in careers … Continue reading

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CRR-CLS Fellowship Opportunity – Deadline Extended!

The deadline for the 2014-2016 Columbia Law School – Center for Reproductive Rights Fellowship (CRR-CLS Fellowship) has been extended to February 28, 2014! The CRR-CLS Fellowship is an exciting opportunity for recent law school graduates who are interested in careers … Continue reading

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Job Announcement: Project Director, Public Rights/Private Conscience Project

Columbia Law School’s Center for Gender & Sexuality Law seeks a Project Director for its new Public Rights/Private Conscience Project.  The Director would lead the Project’s research and advocacy on the multiple contexts in which assertions of conscience and/or religious … Continue reading

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Sabbatical Visitorship: Columbia Law School Center for Gender & Sexuality Law

The Center for Gender and Sexuality Law at Columbia Law School invites applications for a sabbatical visitor for the 2014-2015 academic year to undertake research, writing and collaboration with Center faculty and students in ways that span traditional academic disciplines. … Continue reading

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Lesbian Husbands and Gay Wives: The Gendering of Gay Divorce

  Protestors rally for marriage equality at the Supreme Court on the day DOMA was ruled unconstitutional. (AP Photo/Charles Dharapak) Lesbian and gay people and their families have much to celebrate in the Supreme Court’s rulings in the DOMA and … Continue reading

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Sabbatical Visitorship: Columbia Law School Center for Gender & Sexuality Law

The Center for Gender and Sexuality Law at Columbia Law School invites applications for a sabbatical visitor for the 2013-2014 academic year to undertake research, writing and collaboration with Center faculty and students in ways that span traditional academic disciplines. … Continue reading

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Dating the State: The Moral Hazards of Winning Gay Rights

What new politics and ethical imperatives emerge when the rights of lesbian and gay people begin to gain traction, and when the state becomes a partner in defending those newly-won rights?  In Dating the State: The Moral Hazards of Winning … Continue reading

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Center for Gender & Sexuality Law Spring Symposium – Recognizing the Work of Patricia Williams

The Columbia Law School Center for Gender & Sexuality Law Presents: A Symposium Honoring the Contributions of Patricia Williams to the Scholarship and Practice of Gender and Sexuality Law Friday, March 1st, 2013, 9 am – 7 pm Jerome Greene … Continue reading

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What Do Elmo and David Petraeus Have In Common? They’re Both Targets of a Sex Panic

The guy who has been the voice and puppeteer for Elmo, Kevin Clash, resigned yesterday from Sesame Workshop on account of recent accusations that he had sex with under age boys.  Maybe he did it, maybe he didn’t – we … Continue reading

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All In: Marriage, Rights and Hypocrisy, The Case of David Petraeus

As many now know, CIA Director and retired four-star Army General David Petraeus has resigned his post at the CIA on account of newly emerging information that he had what the media calls an “extra-marital” affair with Paula Broadwell, who … Continue reading

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Court of Appeals Prop 8 Ruling – Treating Marriage as a License, Not a Sacrament

Rainbow flags and corsages were waving high in front of the Stonewall Inn in Greenwich Village last night.  There’s much to celebrate about the 9th Circuit’s ruling issued yesterday confirming the lower court finding that Proposition 8 was unconstitutional.  As … Continue reading

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“Marriage Liberationism”? Sure, why not.

It’s funny, when I was writing my dissertation many years ago, my adviser said to me: “Katherine, you’re really a libertarian when it comes to gender, aren’t you?”  At the time I resisted the moniker, but is “libertarian” worse than … Continue reading

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Marriage Is a Mixed Blessing

From today’s New York Times (and the headline wasn’t my choice, I preferred Marriage: It’s Complicated).  It’s hysterical that the Times is running ads for diamond wedding rings right above the Op-ed. Marriage Is a Mixed Blessing WILL the New … Continue reading

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Big Law’s New Version of Don’t Ask Don’t Tell: King & Spalding Muzzles All Employees From Advocating Repeal of the Defense of Marriage Act

Metro Weekly has the story, but this is outrageous.  Paul Clement, partner at King & Spalding, signed the firm up to represent the House of Representatives in defending DOMA, the agreement between the firm and the government contains a provision … Continue reading

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It Gets Worse: What Repeal Of DADT May Mean For Sexual Violence In The Military

The twin horizons of many people and organizations in the lesbian and gay community – achieving marriage equality and repeal of Don’t Ask Don’t Tell – seem like obvious civil rights goals.  They both enshrine official, legally sanctioned discrimination against … Continue reading

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Reflections on What to Make of Tyler Clementi’s Death

Like many people, I’ve taken hard the recent suicides of so many gay teens, including Tyler Clementi.  I got choked up last Thursday afternoon in front of the University of Connecticut Law School faculty when I mentioned his death as … Continue reading

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Posted in Acts of Violence, LGBT Rights, Masculinity | 2 Comments

What is “women’s clothing”?

Seems that a full-fledged gender-panic may be breaking out.   As if the whole mishigas with Constance McMillen being told she couldn’t wear a tux to her senior prom weren’t enough, now a mom in Maple Shade, New Jersey has … Continue reading

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Video Now Available for Symposium on Judith Butler

In case you weren’t able to attend the Symposium we held last Friday at Columbia Law School, recognizing the influence of Judith Butler’s work to the law of gender and sexuality, you can now watch videos of the three panels … Continue reading

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Sabbatical Visitorship at Columbia Law School Center for Gender and Sexuality Law

The Center for Gender and Sexuality Law at Columbia Law School invites applications for a sabbatical visitor for the 2010-2011 academic year to undertake research, writing and collaboration with Center faculty and students in ways that span traditional academic disciplines. … Continue reading

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Columbia Law School/Center for Reproductive Rights Fellowship

The Columbia Law School/Center for Reproductive Rights Fellowship application deadline has been extended to February 9th. The CRR-Columbia Fellowship is a full-time, residential fellowship for up to two full years starting in July 2010. The Fellow will be a member … Continue reading

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Marriage Equality – The Old Fashioned Version

The Prop 8 trial in San Francisco has captivated the homo-imagination, not surprisingly. (Posts about the first couple days here and here.) So this seems like an awkward time to suggest anything critical about the institution of marriage itself (even … Continue reading

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Save The Date: March 5, 2010 Symposium Recognizing The Work of Judith Butler

Katherine Franke – cross posted from Gender & Sexuality Law Blog

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What’s Marriage Worth To You? Heterosexual Woman Puts Her Right To Marry Up For Auction On E-Bay

In my last post I urged heterosexual people to do more than express their condolences to the gay community for the defeat of the marriage equality bill in the New York State Senate last week.   Well, Jamie Frevele, an … Continue reading

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Reflections on the NYS Senate Vote on Marriage Equality

This afternoon, with little advanced notice, the New York State Senate held debate and then voted on a bill that would have amended the state’s marriage law to allow same sex couples to marry.   So short was the notice … Continue reading

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Another Step Backwards For Women’s Rights in Italy

Last October 17th in Italy, the Court of Appeals of Rome issued a sentence declaring that the rape of a sex worker is less punishable than the rape of a woman that does not choose to be a prostitute. The … Continue reading

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The Queer Argument for the Public Option

The relative silence of a queer – or even a gay – voice in the health care reform debate of the last six months is confounding.   As someone who spent my 20’s and 30’s dealing with close friends and … Continue reading

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Downsized Men on Page One of the New York Times

The gendering of the current economic downturn was the subject of a page one story in the New York Times today: Still on the Job by Making Only Half as Much, by Louis Uchitelle – but that’s not what Uchitelle … Continue reading

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Obama Appoints First Openly Lesbian Commissioner to the EEOC

The White House just announced that it has nominated Georgetown Law Center’s Professor Chai Feldblum as a Commissioner to the Equal Employment Opportunity Commission.   This is huge not only because Feldblum would be the first out lesbian or gay … Continue reading

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“Gender Verification Tests” in Sports – We All Have A Stake in Caster Semenya’s Medal

As many will recall, the gold medal performance in the 800 meter track competition by Caster Semenya, a South African athlete, last month at the Berlin World Championships, sparked a”sex panic”when some observers questioned Semenya’s “real” sex.   Well, things … Continue reading

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Center for Reproductive Rights-Columbia Law School Fellowship

Center for Reproductive Rights – Columbia Law School Fellowship The CRR-Columbia Fellowship is a full-time, residential fellowship for up to two full years starting in July 2010. The Fellow will be a member of the community of graduate fellows at … Continue reading

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Who”Owns”the Marriage Equality Issue?

The last several weeks have been busy ones in the battle for marriage equality. The governors of Maine and New Hampshire signed laws that allowed same sex couples to marry. California’s Supreme Court upheld the constitutionality of Proposition 8, and … Continue reading

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Sonia Sotomayor’s Personal History: Why It Matters

There has been much made of Sonia Sotomayor’s life, her Puerto Rican background, her modest, if not poor, childhood, her mother, what her Latina-ness means to her, her involvement in civil rights organizations, etc.   It’s both a big part … Continue reading

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Posted in Academia, Courts and the Judiciary, Feminism and Law, Firsts, Law Schools, Legal Profession, Race and Racism | Comments Off

“Professor Sotomayor” – A View of the New Justice from Columbia Law School

Sonia Sotomayor, nominated by President Obama to the U.S. Supreme Court, has taught a course on Federal Appellate Court advocacy at Columbia for several years.   While President Obama’s adjunct teaching job at the University of Chicago is often cited … Continue reading

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Marriage in California After Strauss v. Horton

The California Supreme Court took the next step today in the ongoing battle over marriage rights for same sex couples, ruling 6-1 that the people of California had properly amended their constitution last November with Proposition 8, thereby limiting marriage … Continue reading

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Then and Now – Replacing Justice Souter

We learned late last week that David Souter plans to step down from the Supreme Court at the end of this term.   Nominated by President George H. W. Bush in July of 1990 on the expectation that he would … Continue reading

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Eve Kosofsky Sedgwick: A Tribute From Marrakech

I returned yesterday from 10 days in Morocco to learn with great sadness of Eve Sedgwick’s passing.     In an odd way, it was fitting that I was in North Africa during her last days – for there are … Continue reading

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Now Comes Iowa – A Distinctly Mid-Western Approach to Marriage Equality

Friday the Iowa Supreme Court held unanimously that the state’s definition of marriage – a union of a man and a woman – violated the Iowa Constitution’s Equal Protection Clause.   This is the first court to do so unanimously, … Continue reading

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Iowa Same Sex Marriage Case to be Released Tomorrow – April 3rd

News Flash: the Iowa Supreme Court has announced that it will release its decision in the same sex marriage case, Varnum v. Brien, tomorrow at 8:30 am (CST).   The decision will be available here. – Katherine Franke

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The Countess and the Mogul: Bad Divorce Law

Reform of divorce laws in light of the ways in which many women end up much worse off than their ex-husbands after divorce remains a huge problem for those of us concerned about Gender Justice. But consider the current divorce … Continue reading

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Why Colleges Become More Dangerous Places for Female Students During “March Madness”

Last Friday night, the Syracuse men’s basketball team was routed by Oklahoma, losing 84-71 – in no small measure because of the shooting collapse of Syracuse’s star guard Eric Devendorf, who finished the game with only 8 points. Why should … Continue reading

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Posted in Academia, Feminism and Law | 1 Comment

Should Title IX Apply to the Media?

Title IX, the federal law that prohibits sex discrimination by recipients of federal funds has had, among other things, a tremendous effect in equalizing the funding and status of women’s collegiate sports.   The Women’s NBA would not exist were … Continue reading

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Posted in Sexism in the Media | 5 Comments

Prop 8 Justice: Will/Should the California Supreme Court Abolish Marriage?

The arguments before the California Supreme Court raised many hard questions, but one that particularly intrigued me was one to which the Justices frequently returned: What did Proposition 8 really do, after all?   Did it overturn the Marriage Cases … Continue reading

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Exemption from Service – Mothers in the Military and Fathers at Home

The New York Times reports today about Lisa Pagan, a member of the U.S. Army Individual Ready Reserves, who brought her two small children (ages 3 and 4) with her when she had been reactivated for service and reported for … Continue reading

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Columbia Journal of Gender & Law Symposium: Gender on the Frontiers: Confronting Intersectionalities

April 10, 2009       9:30 am – 5 pm Room 107 Jerome Greene Hall Columbia Law School Women Crossing Borders, 9:30 am Soraya Fata, Staff Attorney, Legal Momentum Sharmila Lodhia, Post-doctoral Fellow, Santa Clara University Jenni Milbank, Professor … Continue reading

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Posted in Academia, Feminist Legal Scholarship, LGBT Rights, Race and Racism, Reproductive Rights, Upcoming Conferences, Women's Health | Comments Off