My experience as a litigator tells me that the First Amendment as provided the most reliable path to success of any of the doctrinal claims utilized by lesbian and gay rights lawyers. Certainly no other block of cases can rival the success rate of the cases seeking recognition and even funding of lesbian and gay student organizations, all of which were brought on First Amendment grounds and ultimately won by plaintiffs.
79 Va. L. Rev. 1695
Scholarly Commons Citation
Hunter, Nan D., "Identity, Speech, and Equality" (1993). Georgetown Law Faculty Publications and Other Works. Paper 1730.