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Jackie Gardina
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Vermont Law School Professor Jackie Gardina specializes writes and speaks on sexual orientation and gender identity issues. At Vermont Law School, she has taught Administrative Law, Bankruptcy and Environmental Law, Civil Procedure, and Federal Courts. Professor Gardina received her BA degree in political science from the University of Iowa in 1988 and her MSW in social work from Boston University in 1993. Before attending law school, she worked as an outpatient clinical social worker. Six years later, she graduated magna cum laude from Boston College Law School. Upon graduation, she clerked for Chief Judge William Young of the United States District Court for the District of Massachusetts and then for the Honorable Levin Campbell of the First Circuit Court of Appeals. In addition, she was an associate at the Boston firm of Choate, Hall, and Stewart, where she practiced in the commercial litigation department. Before joining the Vermont Law School faculty in 2003, Professor Gardina was an adjunct professor at Boston College Law School and a special guest lecturer at Landmark College. She has also taught at the University of Hawaii Richardson School of Law. Professor Gardina is recognized as an accomplished teacher, receiving the VLS Student Bar Association Faculty Service Member Award in 2004, 2005, 2006, 2007, 2008 and 2009 and is advisor to the Alliance student group. In addition to her teaching duties, Professor Gardina has spoken and written on a variety of topics including learning disabilities in higher education, bankruptcy, the Solomon Amendment and Don't Ask Don't Tell. She is a former Governing Board Member of Servicemembers Legal Defense Network (SLDN) and the former co-president of Society of American Law Teachers (SALT).

Entries by Jackie Gardina

Executive Orders: Term-Limited Victories

(2) Comments | Posted July 23, 2014 | 10:37 AM

Last week traditional and social media lit up after the White House disclosed President Obama's intention to sign an executive order prohibiting workplace discrimination against gay, lesbian, bisexual and transgender workers of federal contractors and the federal government. It is a sweeping order that affects 24,000 companies employing roughly 28...

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The New Jersey Litigants Are Both Right

(8) Comments | Posted August 26, 2013 | 4:50 PM

If a state is willing to provide marital benefits to a couple, shouldn't the federal government be prepared to do the same? It's not a bad question. And one that is being posed in Garden State Equality v. Dow. The plaintiffs there are claiming that the New Jersey...

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A Marriage By Any Other Name

(4) Comments | Posted August 18, 2013 | 6:07 PM

This month a Kentucky judge will decide whether Geneva Case must testify against her spouse Bobbie Jo Clary despite a Kentucky law that exempts spouses from testifying against one another. Clary is charged with the 2011 murder and robbery of George Murphy and the prosecution claims that Clary...

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A Gay-Marriage Ban With Limits

(12) Comments | Posted July 29, 2013 | 6:23 PM

For those couples living in the 36 states that prohibit same-sex marriages, history provides a small glimmer of hope: States have never imposed a blanket non-recognition rule on marriages that violate their laws. Even in the highly charged anti-miscegenation era, when statutes went so far as to criminalize interracial unions,...

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Visible Family Ties

(2) Comments | Posted June 25, 2013 | 6:42 PM

My spouse Lauren is an avid genealogist. We once traveled to Downieville, a small gold mining town in the Sierra Mountains, to research the life of her three-times great grand uncle Henry. Henry arrived from Germany in 1847, and unlike his two brothers, who stayed in the Boston area, he...

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Michelle Shocked, This Is What It Truly Means to Be Silenced by Fear

(14) Comments | Posted April 2, 2013 | 12:42 PM

Last week Michelle Shocked sat outside the venue of a cancelled show in Santa Cruz, Calif., wearing duct tape across her mouth, with the phrase "Silenced By Fear" on it, and a sign next to her that asked, "Does speech scare you that much?" The singer/songwriter had several...

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Proud to Be Maladjusted

(2) Comments | Posted March 8, 2013 | 8:00 AM

In 1971, when I was just old enough to "read" the paper (or the captions under the pictures, anyway), I ran across a photo in the back pages of my home newspaper, the Quad City Times, of two men trying to marry. I showed the picture to my mom, seeking...

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To Professional Athletes: Get Over It

(2) Comments | Posted March 5, 2013 | 6:58 PM

Professional athletes need to get some perspective. The rest of society has been working with openly gay and lesbian colleagues for a while now. Even the military has managed to transition to open service without significant issues. Yet some professional athletes continue to believe that their team will crumble with...

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DOMA and the States' Rights Trap

(56) Comments | Posted December 3, 2012 | 7:10 PM

When my spouse and I drove cross-country, our marriage blinked on and off like a traffic light as we crossed state borders. We were married in Vermont and New York but not Pennsylvania, Ohio or Indiana. We had a civil union in Illinois, and we were married again in Iowa...

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Overlooked Republican Victories

(21) Comments | Posted November 28, 2012 | 6:27 PM

The post-election narrative has focused primarily on the federal elections and how the Republicans failed to retake the White House and lost seats in both the House and the Senate. To be sure, the federal elections were critical to the continued recognition of and support for basic civil rights for...

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Whites Only, Heterosexuals Only: What's the Difference Again?

(37) Comments | Posted October 1, 2012 | 1:09 PM

Recently, George Will, in his his oped piece in the Washington Post, took up the cause of Elane Photography, a New Mexico business owned by Elaine Huguenin and her husband. The Huguenins are being sued for refusing on religious grounds to photograph a commitment ceremony between two women....

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'Don't Ask, Don't Tell' Repeal: A Look Back

(3) Comments | Posted September 18, 2012 | 6:47 PM

Everything I learned about creating sustainable change I learned witnessing the effort to repeal "don't ask, don't tell." Before then I never truly appreciated what was required to create change. I knew in any movement activists disagreed on how to achieve a common goal. Is it best to pursue the...

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Could Citizens United Be Good for Marriage Equality?

(9) Comments | Posted July 16, 2012 | 5:49 PM

The U.S. Supreme Court's recent decision that Citizens United applies with equal force to state and local elections could open the door even wider for corporations to play a significant role in the marriage-equality debate. In the November election four states -- Maine, Maryland, Minnesota, and Washington -- will allow...

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License to Marry

(3) Comments | Posted July 9, 2012 | 2:41 PM

Opponents of marriage equality argue that marriage is the foundation of our society and allowing same-sex couples to wed would cause that foundation to crumble. So when I went to apply for a marriage license, I wasn't sure what to expect. Certainly the state of the Vermont, one of the...

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Marriage Equality, State Power and the Bible

(34) Comments | Posted June 21, 2012 | 11:27 AM

President Obama's recent statement that he supports marriage equality along with the federal appeals court's recent decisions that Prop 8 and the federal Defense of Marriage Act are unconstitutional appear to be gains for the gay and lesbian community. But neither the president nor the courts stated that gays and...

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