About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

18 Law & Sexuality: Rev. Lesbian, Gay, Bisexual & Transgender Legal Issues 143 (2009)
A (Trans)Gender-Inclusive Equal Protection Analysis of Public Female Toplessness

handle is hein.journals/lsex18 and id is 145 raw text is: NLGLA MICHAEL GREENBERG WRITING COMPETITION A (Trans)Gender-Inclusive Equal Protection Analysis of Public Female Toplessness Luke Boso* I. INTRODUCTION ................................................................................. 144 II. TOPFREE EQUALITY .......................................................................... 147 III. TRADITIONAL EQUAL PROTECTION ANALYSIS OF LAWS REGULATING FEMALE TOPLESSNESS ............................................... 149 A. Regulations of Female Toplessness Held Valid ..................... 150 B. Regulations ofFemale Toplessness Held Invalid .................. 153 IV A NEW APPROACH TO EQUAL PROTECTION ANALYSIS: THE ACCIDENTAL TRANSGENDER TOPLESSNESS EXCEPTION ................. 155 A. TransgenderMariage: Sex Is Biological ............................. 157 B. If Sex Is Biological, and Postoperative Male to Female Transsexuals May Go Topless in Public, Does Regulation of the Female Breast Still Substantially Relate to Inportant Interests?. ................................................ 160 V C ON CLU SION .................................................................................... 162 Appellants and the five other women who were arrested with them were prosecuted for doing something that would have been permissible, or at least not punishable under the penal laws, if they had been men-they removed their tops in a public park, exposing their breasts in a manner that all agree was neither lewd nor intended to annoy or harass.' * © 2009 Luke Boso. LL.M. candidate 2009, UCLA School of Law; J.D. 2008, West Virginia University College of Law; B.A. 2004, West Virginia University. The author would like to thank Dean Joyce McConnell, Professor Anne M. Lofaso, and Michael A. Vaughn for their helpful comments, critiques, and support during the writing process. Importantly, the author also thanks the National Lesbian and Gay Law Association and Law & Sexuality for the great opportunity they've given. 1. People v. Santorelli, 600 N.E.2d 232, 234 (N.Y. 1992) (noting the underlying factual scenario leading to the prosecution of several females under a New York law prohibiting the exposure of that portion of the [female] breast which is below the top of the areola (citing N.Y. PENAL LAw § 245.01)).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most