Associate Professor 鈥檚 research paper, 鈥淭he First Queer Right,鈥� is forthcoming in the Michigan Law Review. The paper explores the implications of the First Amendment for LGBTQ individuals. The abstract is featured below:
"Current legal disputes may lead one to believe that the greatest threat to LGBTQ rights is the First Amendment鈥檚 protections for speech, association, and religion, which are currently being mustered to challenge LGBTQ anti-discrimination protections. But underappreciated today is the role of free speech and free association in advancing the well-being of LGBTQ individuals, as explained in Professor Carlos Ball鈥檚 important new book, The First Amendment and LGBT Equality: A Contentious History. In many ways the First Amendment鈥檚 protections for free expression and association operated as what I label 'the first queer right.'
Decades before the Supreme Court would recognize the importance of equal treatment of same-sex relationships, the Court protected the ability of queer people to espouse explanations of their identities and permitted them leeway to gather together to further explore and elaborate those identities. In this way, the First Amendment served an important incubating function for the articulation of equality arguments in favor of LGBTQ individuals at the same time it also created space for greater visibility of queer people in American society.
But the First Amendment is 鈥渢he first queer right鈥� in a second sense. As this review essay argues, the First Amendment facilitated a more robust and wide-ranging articulation of queer identity than the more vaunted equality claims that followed. One unfortunate side effect of transitioning from First Amendment claims to equality-based claims was the narrower, straighter picture of queer people it presented. Like the doctrinal history chronicled by Ball, the narrative history of how LGBTQ rights were framed and conceptualized under the First Amendment is important to contemporary debates about LGBTQ rights because it suggests that the First Amendment may yet have important work to do on behalf of LGBTQ rights鈥攊t could still be used as a means to further expand social understandings of sexuality and gender identity, and encourage future contestation of those very same 鈥榪ueer鈥� identities. In other words, the First Amendment, like the meaning of the word 鈥榪ueer鈥� itself, begs for further discursive contestation."
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Skinner-Thompson鈥檚 scholarship and teaching interests center on constitutional law, civil rights, and privacy law, with a focus on LGBTQ and HIV issues. He is editor and contributing author of Aids and the Law (Wolters Kluwer, 5th ed., 2015), a leading resource in the field, as well as multiple shorter works. Skinner-Thompson joined Colorado Law in 2017 and teaches constitutional law.