Sexual Orientation and the Law

This guide covers issues including marriage equality, employment and housing discrimination, child custody issues, and military policy.

Recommended search strategy

When searching for journal articles, it is always recommended that you search through an index such as LegalTrac or Index to Legal Periodicals.  Alternatively, you can search the full-text databases on either Westlaw (such as the JLR database) or Lexis.  Remember, that the indexes are about 90 days behind so if your topic is on an issue which happened very recently you may want to use either the CILP service (which tracks journals for the previous 90 days) or even a table of contents service.

Alternatively, you can search a news aggregate service, such as Google News, to find newspaper and blog postings.   

Finding Journal Articles

In addition to searching the full-text databases for law review articles on WestLaw and Lexis, you may also want to do a search within a bibliographic database.  This will not include the full-text, but are much more comprehensive than the full-text databases.  You may search for journal articles here that you would miss otherwise.

Articles by SCU Faculty

All of these journal articles were written by SCU law faculty.

Cain, Patricia  with Love, Jean C.  "Review of One Wedding and a Revolution: A Film by Debra Chasnoff",  24 St. Louis University Public Law Review 11  (2005)

Cain, Patricia. "Alternative Families Should Be Eligible for All Child-Oriented Tax Benefits", Tax Notes Today (TNT) 113  (2002)  (IRS Tax Correspondence)

Cain, Patricia. "Heterosexual Privilege and the Internal Revenue Code",  34 University of San Francisco Law Review 465  (2000)

Cain, Patricia. "A Review Essay: Tax and Financial Planning for Same-Sex Couples: Recommended Reading",  8 Law & Sexuality 613  (1998)

Cain, Patricia. "Taxing Lesbians",  6 Southern California Review of Law and Women's Studies 471  (1997)

Cain, Patricia. "Imagine There's No Marriage",  16 QLR 27  (1996)

Cain, Patricia. "Lesbian Perspective, Lesbian Experience, and the Risk of Essentialism",  2 Virginia Journal of Social Policy and the Law 43  (1994)

Cain, Patricia.   "Litigating for Lesbian and Gay Rights: A Legal History",  79 Virginia Law Review 1551  (1993)

Cain, Patricia. "Same-Sex Couples and the Federal Tax Laws",  1 Law & Sexuality 97  (1991)

Spitko, E. Gary. "From queer to paternity : how primary gay fathers are changing fatherhood and gay identity",  (Symposium).  24 Saint Louis University Public Law Review 195  (2005)

Spitko, E. Gary. "He said, he said : same-sex sexual harassment under Title VII and the 'reasonable heterosexist' standard",  18 Berkeley Journal of Employment and Labor Law 56  (1997)

Spitko, E. Gary. "A biologic argument for gay essentialism-determinism : implications for equal protection and substantive due process",  18 University of Hawaii Law Review 571  (1996)

Spitko, E. Gary with Krotoszynski. "Navigating dangerous constitutional straits : a prolegomenon on the Federal Marriage Amendment and the disenfranchisement of sexual minorities",  76 University of Colorado Law Review 599  (2005)