Privacy Torts: Unreliable Remedies for LGBT Plaintiffs

12 Feb 2011 03:03pm Anita L. Allen 

Lesbian, gay, bisexual and transgender Americans have defended their interests in dignity, equality, autonomy, and intimate relationships in the courts by appeal to the right to privacy. In the constitutional arena they have experienced noteworthy success, winning rights to same-sex intimacy and, in some states, marriage. Several authors have argued that the privacy tort is a potentially useful remedy for LGBT plaintiffs. Yet the theoretically useful remedy has often been a practical disappointment.

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