Summary

• Objects (0 modified, 0 added, 1 removed)
  • Caselist.CitesClass[2]

Details

Caselist.CitesClass[2]

Cites

...	...	@@ -1,53 +1,0 @@
1		-====~~Leavitt~~ We need to interrupt the policing that continues to permeate our public spaces. Policing is manifested in all social spaces. Leavitt 12^^ ^^====
2		-Policing of deviant sexualities and gender identities lies at the core of queer criminalization, which, in turn, is inextricably intertwined with the racialized constructions of categories of crime. According to the New York City AntiViolence Project, "~~y~~oung queer people of color, transgender youth, homeless and street involved youth are . . . vulnerable to police violence," and "transgender ~~people~~ are at a greater risk of experiencing police violence and misconduct than non-trans people."200 While laws that facially discriminate against queer people, such as sodomy laws, have been struck down as unconstitutional, the criminalization of non-heteronormative sexualities and gender identities continues through "quality of life" policing, which became the popular paradigm of policing starting in the 1990s. Related to social scientist James Wilson’s "broken windows" approach to policing, which gained favor in the 1980s,201 "quality of life" policing is "premised on maintaining social order through aggressive enforcement of quality of life regulations, rooted in age-old vagrancy laws, which prohibit an expanding spectrum of activities in public spaces, including standing (loitering), sitting, sleeping, eating, drinking, urinating, making noise, and approaching strangers."202 Underlying this is a belief in the escalation theory, which posits "that minor indications of ‘disorder’ . . . ultimately lead to more serious criminal activity."203 While these prohibitions on activities in public places may at first appear innocuous, in reality they arm police with nearly unbridled discretion to stop, ticket, and arrest people perceived as deviant, problematic, or simply unacceptable 204 Examples of the policing of deviant queer and trans people are endless. In New York City, a black gay man, walking through a public park, was suddenly confronted by a police officer who, with his gun drawn, yelled, "~~i~~f you move, I’ll shoot you!"205 The man was taken to a police van and detained along with others, while the arresting officers "made gay jokes, used the word ‘fag,’ and talked about black people."206 Ultimately, "~~the~~ man received tickets for loitering, trespassing, and being in the park after dark."207 In another case, a black youth was standing outside an arcade in a gay neighborhood of Chicago when a police officer yelled from his car at the young man and his friends to "move their ass."208 The officer then stopped his car, searched the young man, called him a "nigger faggot" whose "ass is not big enough to fuck," and arrested him for disorderly conduct.209 In 2001, a gay Latino man was pulled over for a traffic violation in Oakland, California; when the officer noticed the man was wearing pink socks, he called the socks "faggot socks" and then closed the car door on the man’s ankle with enough force that the man needed medical treatment.210 In 2009, police beat two lesbians of color in Brooklyn outside a queer club; during the beating, an officer called one of the women a "bitch ass dyke."211 Again in Chicago, a black gay man was arrested following an argument with his landlord and subsequently "anally raped with a Billy club covered in cleaning liquid by a . . . police officer who called him a ‘nigger fag’ and told him ‘I’m tired of you faggot~~,~~ . . . you sick mother fucker.’"212 As Mogel, Ritchie, and Whitlock observe: "in each of these cases, under the guise of responding to alleged minor, nonviolent offenses, officers used brute force to maintain raced, gendered, and heterosexual ‘order.’"213 Moreover, although the US Supreme Court struck down sodomy laws in Lawrence, covert sodomy laws are still on the books and enforced in many states. For example, in February 2011, a federal lawsuit was filed in Louisiana under a 206-year-old Crimes Against Nature statute.214 In that state, a conviction of prostitution— which includes oral, anal, and vaginal sex—constitutes a misdemeanor, while a conviction under the Crimes Against Nature statute—for offering oral or anal sex for a fee—requires registering as a sex offender, in some situations for life.215 In Louisiana, registration as a sex offender requires the person to carry a state-issued identification card that features the words "SEX OFFENDER" in bright orange capital letters.216 In addition, the person must mail postcards to neighbors, schools, parks, community centers, and churches announcing him or herself as a sex offender and disclosing his or her name and address; the person’s name and address also appear on a publicly accessible online sex offender registry.217 In the currently pending case, the petitioners assert that the Crimes Against Nature statute violates constitutional equal protection guarantees because it creates an irrational distinction between sex that is oral or anal, rather than vaginal.
3		-
4		-
5		-====~~Elia 1~~ Violence against queerness results in the annihilation of identity—this is a form of soul murder. Elia 03 ====
6		-(John Elia, Professor at San Francisco University, Journal of Homosexuality, Vol. 45, no. 2/3/4, p. 64, 2003)
7		-These are the internal injuries that individuals inflict upon themselves. Very early in life
8		-AND
9		-and others, of the heteronormative mandate a widespread form of soul murder?
10		-
11		-
12		-==== ~~Elia 2~~ Thus, the primary role of the ballot and the role of the judge as an educator is to disrupt heteronormative society. Elia 2====
13		-Akin to organized religion and the biomedical field, the educational system has been a major offender. Wedded to disseminating the idea that heterosexuality is the ultimate and best form of sexuality, "Schools have maintained, by social custom and with reinforcement from the law, the promotion of the heterosexual family as predominant, and therefore the essence of normal. From having been presumed to be ‘normal,’ heterosexual behavior has gained status as the right, good, and ideal lifestyle" (Leck, 1999, p. 259). School culture in general is fraught with heteronormativity. Our society has long viewed queer sexualities as ". . . deviant, sinful, or both, and our schools are populated by adolescent peers and adult educators who share these heterosexual values" (Ginsberg, 1999, p. 55). Simply put, heteronormativity and sexual prejudice pervade the curriculum at the elementary, secondary, and post-secondary levels (for examples of this and ways of intervening, see: Adams, Bell, and Griffin, 1997; Letts and Sears, 1999; Lovaas, Baroudi, and Collins, 2002; Yep, 2002). Besides the hegemonic hold schools have had regarding a heterosexual bias, school culture continues to devote much energy to maintaining ". . . the status quo of our dominant social institutions, which are hierarchical, authoritarian, and unequal, competitive, racist, sexist, and homophobic" (Arnstine, 1995, p. 183). While there has been modest success in addressing various forms of prejudice in schools (Kumashiro, 2001), what is sorely lacking is serious attention to how the intersections of race, class, sexuality and gender are interwoven and dialectically create prejudice (e.g., racism, classism, and hetero~~sexism~~). Schools would be an ideal site to interrogate, and begin to erode, the kind of hegemony upon which heterosexism rests and is supported. To date, not much is being done in a systematic fashion to disrupt the ways in which U.S. schooling has perpetuated such hierarchies. It seems to me that sexuality education is ripe for the opportunity to challenge heterosexism in school culture; however, public school-based sexuality education is presently in serious crisis, as it has turned mostly to the business of pushing for abstinence- only sexuality education. According to federal legislation, states that accept funding for this form of sexuality education require that young people are taught to abstain from sexual activity until they get married. This has numerous implications for relationship construction; a more in-depth description and analysis of this form of sexuality education will follow later in this essay.
14		-
15		-
16		-====~~Duggin~~ We must engage the law to combat normalization. Duggin 94====
17		-~~Lisa Duggan, associate professor of American studies and history at New York University, Queering the State, Social Text, No. 39 (Summer, 1994), pp. 1-14~~
18		-When we turn our attention to this project, we run into difficulty the moment
19		-AND
20		-we are now in), and we cannot afford to abandon the field.
21		-
22		-
23		-==== ~~Leachman~~ Queer movements centered on legal reform find more success and garner more attention. Leachman 14====
24		-~~Gwendolyn, Sears Law Fellow, Williams Institute on Sexual Orientation and Gender Identity, UCLA School of Law; J.D.; "From Protest to Perry: How Litigation Shaped the LGBT Movement's Agenda," UC Davis Law Review, June 2014~~
25		-The Article proceeds in three Parts. Part I provides background on the contemporary historical
26		-AND
27		-goals may become displaced by the formal equality goals pursued through impact litigation.
28		-
29		-
30		-===Part 2 is Qualified Immunity===
31		-
32		-
33		-====~~Plan Text~~ The United States Federal Government will limit qualified immunity for police officers. I reserve the right to clarify.====
34		-
35		-
36		-==== ~~Wagner 1~~ Wagner 14 clarifies the advocacy.====
37		-~~Robin B. Wagner, J.D. Candidate Spring 2014, Are gay rights clearly established? The problems with the qualified immunity doctrine, Depaul Law Review, Spring, http://via.library.depaul.edu/cgi/viewcontent.cgi?article=1029andcontext=law-review, p. 870-1~~
38		-Courts could take two actions that would better facilitate the qualified immunity doctrine's purpose.
39		-AND
40		-clarify the contours of clearly established rights a government official may not violate.
41		-
42		-
43		-==== ~~Knight~~ In the squo, courts can grant QI to police officers in cases of actual rights violations if they perceive the right is not "clearly established." → Plan solves. Knight 14.====
44		-~~Natalie Knight, Joint J.D. and M.P.P. candidate at UCLA School of Law and UCLA Luskin School of Public Affairs, 2014, Keeping the closets in our classrooms: How the qualified immunity test is failing LGBT students, http://williamsinstitute.law.ucla.edu/wp-content/uploads/Knight-Natalie-Student-Note-2014.pdf, pp. 35-50~~
45		-A court answers two questions to determine if a government employee is entitled to qualified
46		-AND
47		-Court agrees are unconstitutional, qualified immunity may shield school officials from liability.
48		-
49		-
50		-====~~Wagner 3~~ Establishing clear rights for queer bodies and acknowledging precedent directly under QI forces courts to analyze the specificities of each case and denies QI to police officers in cases of actual anti-queer rights violations. Wagner 3====
51		-Between these two powerful precedents, even purely discretionary actions of a government employer could not be based on discriminatory or moralistic grounds related to that person's sexual orientation
52		-AND
53		-qualified immunity doctrine could still serve our society by holding officials accountable when they have indeed violated an individual's clearly established right.

EntryDate

...	...	@@ -1,1 +1,0 @@
1		-2016-11-23 04:00:01.0

Judge

...	...	@@ -1,1 +1,0 @@
1		-Mark Ahlstrom

Opponent

...	...	@@ -1,1 +1,0 @@
1		-Millard North BL

ParentRound

...	...	@@ -1,1 +1,0 @@
1		-5

Round

...	...	@@ -1,1 +1,0 @@
1		-2

Team

...	...	@@ -1,1 +1,0 @@
1		-Quarry Lane Karavadi Aff

Title

...	...	@@ -1,1 +1,0 @@
1		-Heteronormativity AC

Tournament

...	...	@@ -1,1 +1,0 @@
1		-Apple Valley