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Spring 2023

6201 Sexual Orientation & the Law - DEVINE- 13188

Professor(s): Corey Devine (ADJUNCT)

Credits: 2

Course Areas: Constitutional and Criminal Law 

Time: 5:30p-7:30p  W  Location: 311 

Course Outline: In this course we will explore the relationship between sexual orientation (and/or identity) and the law. We will examine the manner in which the state regulates sexuality, gender, gender roles, and sexual orientation, in a variety of substantive legal areas. We will explore how the law is influenced by theories or myths regarding homosexuality and sexual identity as well as prevailing styles of judicial reasoning. The doctrinal discussions will focus both on the substantive law and a number of larger themes: the nature/nurture debate and its legal ramifications; the public/private distinction as exhibited in the legal conflicts between free expression and “coming out” and the right to be let alone; the reason/desire distinction, as manifested through sexual status versus sexual conduct; and the equality/diversity distinction which arises in the context of assimilation versus difference.

Course Syllabus: Syllabus

Course Notes: (Face-to-Face)   The UH registration system instruction mode for this course is listed in parenthesis. After student registration opens, there may be instruction mode changes to this course up through two weeks before the first day of classes for the term, but notice of such changes will be sent to then-registered students. For this instruction mode, instructors and students are expected to normally be physically present in the classroom. If the course has a final examination, it will be in a classroom requiring your physical presence. Other assessment, such as a mid-term exam, may also be in a classroom. Whether this instructor will offer “remote presence” (starting a zoom meeting from the podium computer to enable student remote access on an occasional basis) for part or all of the semester is not known, but students should not rely on an expectation that remote presence will be available


First Day Assignments:

Final Exam Schedule: Take home exam      

This course will have:

Satisfies Senior Upper Level Writing Requirement: No

Experiential Course Type: No

Bar Course: No

DistanceEd ABA: No

Pass-Fail Student Election: Available

Course Materials

Book(s) Required

Required Text:
• Ball, Schacter, NeJaime, & Rubenstein, Cases and Materials on Sexuality, Gender
Identity, and the Law (7th ed. 2022) ISBN: 978-1636591469
• Additional readings will be distributed electronically