News and information useful to Cleveland-Marshall College of Law students, faculty and staff.

Correcting the Gender Marker on an Ohio Birth Certificate

On December 16, 2020 a federal judge in Ray v. McCloud struck down Ohio’s policy that prohibited transgender people born in Ohio from correcting the gender markers on their Ohio birth certificates.

To comply with the Court’s order, the Ohio Department of Health (ODH) has established new procedures that allow transgender people to correct the gender or “sex” marker on Ohio birth certificates.

The ACLU and Lambda Legal have put together a FAQ handout on the procedure.

Law & Gender, Journals & Databases

If you’re writing a seminar paper, independent study requirement, or note on a gender-related topic, we have plenty of resources for you. Secondary sources like journal articles are a great way to start your research, see what has and hasn’t been written, and get ideas for your own paper. Here is a list of some of the law and gender journals available to you. Check  Scholar, the library catalog, to find out how to access each journal.

  • Berkeley Journal of Gender, Law and Justice
  • Cardozo Journal of Law & Gender
  • Columbia Journal of Gender and Law
  • Duke Journal of Gender, Law and Policy
  • Gender Issues
  • Harvard Journal of Law and Gender (formerly Harvard Women’s Law Journal)
  • Journal of Gender, Social Policy and the Law (formerly American University Journal of Gender and the Law)
  • Michigan Journal of Gender and Law
  • The Georgetown Journal of Gender and the Law
  • Yale Journal of Law and Feminism

Law and gender topics lend themselves to interdisciplinary research, so don’t limit yourself to the familiar law databases. The Michael Schwarz Library lists several core databases for women’s studies:

  • Gender Studies Database
  • GenderWatch
  • LGBT Life with Full Text
  • Viva Database
  • Women’s Studies International

HHS Proposed Rule on ACA Nondiscrimination

dhhslogo3The U.S. Department of Health and Human Services (HHS) has issued a proposed rule on the nondiscrimination section (ie, Section 1557, 42 USC 18116) of the Patient Protection and Affordable Care Act (ACA, PL 111-148).  This section of the ACA prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in health programs and activities, any part of which receive Federal financial assistance.  The proposed rule includes prohibitions on gender identity discrimination, as well as requires reasonable steps to effectively communicate with individuals with limited English proficiency and with individuals with disabilities.  The proposed rule will be published in the September 8th issue of the Federal Register, and public comments are due by November 6th.  For additional information see the HHS Fact Sheet: Nondiscrimination in Health Programs and Activities Proposed Rule.

Professor Forte Cited in US Supreme Court Decision on Gay Marriage

ForteC|M|Law’s own Professor David F. Forte was cited in the newest landmark decision handed down by the US Supreme Court Obergefell v. Hodges which legalized same-sex marriage late last week. Kudos to Professor Forte on this accomplishment!

The work cited was Professor Forte’s article “The Framers’ Idea of Marriage and Family” within the book The Meaning of Marriage : Family, State, Market, and Morals.


David F. Forte C|M|Law Faculty Profile

Selected Works of Professor David F. Forte

The Gay Games are Coming to Cleveland this Summer

gaygamesWith the start of the Winter Olympics, this week I wanted to highlight another similar sporting event coming to Northeast Ohio this summer:  The Gay Games.  This is even more noteworthy because of the anti-LBGT laws and violence in Russia, the host of this year’s Winter Olympics.

First off—you don’t have to be gay to participate in the Gay Games.  The Games are open to all adults – regardless of sexual orientation or athletic ability. With more than 35 sports (from darts to triathlon, bowling to softball) and 2 cultural events (band and chorus), there’s something for everybody.  Games Week is about more than sport with spectacular ceremonies, Festival Village, parties and more.  The games will be held in Cleveland and Akron this summer from August 9-16.

The Gay Games were conceived in 1980 by Dr. Tom Waddell as a “vehicle of change.”  The idea of the Gay Games is to build an international legacy of changing cultural, social and political attitudes towards LGBT people across the globe, while at the same time empowering tens of thousands with the transforming benefits of sports competition.

In 1981, gay athletes were a hidden and marginalized community within the greater marginalized and beleaguered LGBT community. Being gay and being an athlete was an either-or proposition.

While things have changed and several athletes have opened up about their sexuality after retirement, one still does not see openly gay athletes currently participate in Major League Baseball, The National Basketball Association or The National Football League.  This is why it was such a big story in 2013 when Robbie Rogers of the LA Galaxy (formerly of the Columbus Crew) in Major League Soccer came out.  Thus, Dr. Waddell’s idea of the Gay Games as a vehicle of change is still relevant and needed today.

Want to find out more information about the Gay Games?  Visit the official website [here].