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Casebook Read Credits
Gender, Sexuality, and the Law
Section 13
2 hours

Freedom of Speech, Sexual Orientation, and Gender Identity

Mary R Ziegler

In this unit, we will focus on how arguments about freedom of speech and association have struggled the law of sexual orientation and gender identity. As we have already seen, those with religious objections to those with different sexual orientations or gender identities (or perceived as such) argue that the First Amendment creates space for anti-LGBTIQ+ speech and association. LGBTIQ+ groups and their allies have also relied on the First Amendment. What do these cases suggest about the perils and promise of strategies based on speech and association? How much should strategic decisions depend on context (universities versus high schools, political speech versus epithets)?

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