Arthur S. Leonard

Robert F. Wagner Professor of Labor and Employment Law, Emeritus
Editor, LGBT Law Notes

Contact Information
T 212.431.2156
E arthur.leonard@nyls.edu

Education
Harvard, J.D. 1977 cum laude; Cornell University School of Industrial and Labor Relations, B.S. 1974

View CV

Follow Professor Leonard

www.ArtLeonardObservations.com

LGBT Law Notes

Profile

When Arthur Leonard first came to New York Law School in 1982, only one state banned discrimination based on sexual orientation, gay sex was illegal in half the country, and only a handful of lawyers were actively litigating sexual orientation discrimination cases.

Today, he reports proudly, the situation has radically changed. Using law to help win equality has been a guiding passion of Professor Leonard’s, and he uses his role as a legal educator to constructively help shape the law.

Over the past 40 years, Professor Leonard has written numerous articles on employment law, AIDS law, and lesbian and gay law, including an influential law review article in 1985 on AIDS discrimination that helped form the nation’s legal response to the AIDS epidemic. A frequent national spokesperson on sexual orientation law, and an expert on the rapidly emerging area of gay family law, he is also a contributing writer for Gay City News, New York’s weekly lesbian and gay newspaper, and has written for several other lesbian and gay newspapers in New York City.

Professor Leonard has held a variety of influential and activist positions in civic and legal organizations, including trustee of Lambda Legal, trustee of the Center for Lesbian and Gay Studies at the City University of New York, and chair of the Section on Gay and Lesbian Legal Issues of the Association of American Law Schools. He is chair of the Corporate Compliance Committee and a trustee of the Jewish Board of Family and Children’s Services of New York. He is also a board member of TENET Vocal Artists, an early music performing group based in New York City.

He has testified on the New York City gay rights bill, organized forums that helped change rules on domestic partnership benefits, and helped produce oft-cited studies of the court system and legal profession that demonstrated the need for equality of opportunity and treatment for minorities.

At NYLS, he advises the LGBT student group and has been an effective advocate for change on lesbian and gay issues. In 2000, Professor Leonard was honored by the School at a symposium commemorating the 20th anniversary of the now-celebrated LGBT Law Notes, an extensively-cited publication that chronicles the legal aspects of the lesbian and gay community. In 2010, the NYLS and the LGBT Law Association Foundation honored him again on the publication’s 30th anniversary.

Professor Leonard received the prestigious 2005 Dan Bradley Lifetime Achievement Award from the National Lesbian and Gay Law Association in recognition of his significant contributions to the advance of LGBT rights under the law.

Publications

Visit Professor Leonard’s SSRN Author Page.

Visit Professor Leonard's Digital Commons Page.

Books

Sexuality Law, Third Edition, co-authored with P. Cain (Carolina Academic Press, 2020)

Sexuality Law, Second Edition, co-authored with P. Cain (Carolina Academic Press, 2009)

Sexuality Law, co-authored with P. Cain (Carolina Academic Press, 2005)

AIDS Cases and Materials, Third Edition, co-authored with W.E. Adams, Jr., M.A. Bobinski, M.L. Closen, and R.M. Jarvis (Carolina Academic Press, 2002)

Homosexuality and the Constitution (Garland, 1997)

AIDS Law in a Nutshell, Second Edition, co-authored with R.M. Jarvis, M.L. Closen, and D.H. Hermann (West, 1996)

AIDS Law and Policy: Cases and Materials, co-authored with M.A. Bobinski, M.L. Closen, D.H.J. Hermann, S.H. Isaacman, R.M. Jarvis, R.R. Rivera, G.P. Schultz, and M.E. Wojcik (John Marshall Publishing, 1995)

Sexuality and the Law: An Encyclopedia of Major Legal Cases (Garland Press, 1993)

AIDS Law in a Nutshell, First Edition, co-authored with R.M. Jarvis, M.L. Closen, and D.H. Hermann (West, 1990)

Book Chapters

“Major LGBT Legal Developments of 2011”, in IILR Review 2012: The State of Diversity and Inclusion in the Legal Profession (Institute for Inclusion in the Legal Profession, 2012), 171-194.

“Has A Tipping Point Been Reached in the Quest for Legal Recognition of Same-Sex Relationships?”, Chapter 12, 25 in Civil Rights Litigation Handbook (Thomson-West 2009), 510-524.

“The Federalism Revolution and the Sexual Minority Legislative Agenda,” Chapter 9 in Awakening From the Dream: Civil Rights Under Siege and the New Struggle for Equal Justice (Denise C. Morgan, Rachel D. Godsil & Joy Moses, eds., Durham: Carolina Academic Press, 2006).

“The Changing Law of Civil Rights for Sexual Minorities,” Chapter 14 in 20 Civil Rights Litigation and Attorney Fees Annual Handbook (Thomson, 2004).

“AIDS: Cases and Materials,” Chapter 3 in Discrimination and Chapter 5 in Insurance (Carolina Academic Press, 2002).

“Legal Recognition of Same-Sex Partners Under US State or Local Law,” Chapter 7 in Legal Recognition of Same-Sex Partnerships: A Study of National, European and International Law, pgs. 133–152 (Hart Publishing, 2001)

“From Bowers v. Hardwickto Romer v. Evans: Lesbian and Gay Rights in the U.S. Supreme Court,” Chapter 4 in Creating Change: Sexuality, Public Policy and Civil Rights, pgs. 57–77 (St. Martin’s Press, 2000)

“United States AIDS Law: Pragmatism and Politics,” Chapter 1 in Legal Responses to AIDS in International Perspective, pgs. 1–62 (Kluwer Law International, 1998)

“Employee Benefits for Domestic Partnership Families,” Chapter 24 in Proceedings of New York University 49th Annual Conference on Labor, pgs. 455–481 (Kluwer Law International, 1997)

“Equal Protection and Lesbian and Gay Rights,” Chapter 34 in A Queer World:The Center for Lesbian and Gay Studies Reader, pgs. 452–464 (New York University Press, 1997)

“AIDS/HIV Workplace Issues: Outline and Resource Materials,”AIDS/HIV Legal Challenges for the 90’s, pgs. 209–260 (Suffolk University Law School, 1995)

“Sexual Orientation Discrimination: A Growing Issue in State and Local Law,” Chapter 8 inContemporary Issues in Labor and Employment Law, pgs. 179–221 (Little Brown, 1994)

“Discrimination,” Chapter 13 in AIDS Law Today: A New Guide for the Public, pgs. 297–318 (Yale University Press, 1993)

“HIV and the United States Workplace Law,” Chapter 10 in International Law and AIDS, pgs. 263–338 (American Bar Association Press, 1992)

“Discrimination in Business and Employment,” Chapter 5 in AIDS: Cases and Materials, pgs. 263–338 (John Marshall Publishing, 1989)

“The Legal Position of Lesbians and Gay Men in the United States,” Second International Lesbian and Gay Association Pink Book, pgs. 99–108 (University of Utrecht, Netherlands, 1988)

“AIDS as a Handicapping Condition Under Federal and State Employment Discrimination Laws,” Chapter 12 in Proceedings of New York University 40th Annual National Conference on Labor, pgs. 12-1 to 12-48 (Matthew Bender, 1987)

“AIDS in the Workplace,” Chapter 8 in AIDS and the Law: A Guide for the Public, pgs. 109–125 (Yale University Press, 1987)

Articles

“The Biden Administration’s First Hundred Days: An LGBTQ Perspective,” 2021 U. Ill. L. Rev. Online 128 (2021).

“Fortuitously Present at the Creation,” 66 J. Legal Ed. 473 (Spring 2017)

“Backlash and Marriage Equality,” 2 Ind. J. L. & Soc. Eq. 316 (2014)

“Introduction: Trial by Jury or Trial by Motion? Summary Judgment, Iqbal, and Employment Discrimination,” 57 New York Law School Law Review 659 (2012–13)

“Gender Stereotyping: Expanding the Boundaries of Title VII,” co-authored with M.A.Travis, J.C. Williams, and M.A. Cherry, 10 Employee Rights and Employment Policy Journal 271-301 (2006)

“Thoughts on Lawrence v. Texas,” 11 Widener Law Review 171–187 (2005)

“The Impact of International Human Rights Developments on Sexual Minority Rights,” 49 New York Law School Law Review 525–535 (2004–05)

“Sexual Minority Rights in the Workplace,” 43 Brandeis Law Journal 145–164 (2004)

“Lawrence v. Texasand the New Law of Gay Rights,” 30 Ohio Northern University Law Review 189–210 (2004)

“Gay Rights Workplace Revolution,” 29 Human Rights: Journal of the Section on Invidual Rights and Responsibility 14–16, 25 (2003)

“Legal Challenges after Lawrence,” 10 Gay & Lesbian Review 21–22 (2003)

“Ten Propositions About Legal Recognition of Same-Sex Partners,” 30 Capital University Law Review 343–362 (2002)

“Boy Scouts of America v. Dale: The ‘Gay Rights Activist’ as Constitutional Pariah,” 12 Stanford Law & Policy Review 27–35 (2001)

“Chronicling a Movement: 20 Years of Lesbian/Gay Law Notes,” 17 New York Law School Journal of Human Rights 415–564 (2000)

“Introduction: A Retrospective on the Lesbian/Gay Law Notes,” 17 New York Law School Journal of Human Rights 403–414 (2000)

“Court Issues Unprecedented Ruling on Sexual Orientation,” 8 Employment Testing Law & Policy Reporter 38 (1999)

“The Transformation of Gay Family Law,” 17 In Brief 8–9 (1999)

“Supreme Court Begins to Define ADA Coverage: Bragdon v. Abbott,” 7 Employment Testing Law & Policy Reporter 113 (1998)

“Federal Court Upholds HIV Confidentiality in Prison.” LGNY, pg. 6 (1998)

“Indelicate Balance: Chipping Away the ADA Leaves PWA’s on Thin Ice,” POZ, pg. 30 (1998)

“Dutchess County Judge: Gay Father Abandoned Children,” LGNY, pgs. 18, 22 (1998)

“Federal Court Orders Reinstatement of Gay Teacher,” LGNY, pgs. 18, 22 (1998)

“NY Court Rules Calling Someone Gay is Defamatory,” LGNY, pgs. 18, 22 (1998)

“South African Court Strikes Down Sodomy Law,” 9 HIV/AIDS Legal Link, pg. 15 (1998)

“Mayor Giuliani Proposes His Domestic Partnership Policy,” 4 CityLaw 49, 51–53 (1998)

“Court Finds Asymptomatic HIV Infection Covered Under ADA,” 6 Employment Testing Law & Policy Reporter 55 (1997)

“Are Medically Controllable Conditions ‘Disabilities’ Under the ADA?” 6 Employment Testing Law & Policy Reporter 33 (1997)

“Introduction (Symposium: Job Restrictions and Disclosure Requirements for HIV-Infected Health Care Professionals: Whose Privacy Is It Anyway?),” 41 New York Law School Law Review 1–3 (1996)

“Supreme Court Rejects Anti-Gay Colorado Ballot Measure,” 5 Employment Testing Law & Policy Reporter 135 (1996)

“HIV-Infected Health Care Workers and Employment Discrimination Law,” 51 Record of the Association of the Bar of the City of New York 246–258 (1996)

“Off-Duty Conduct Laws Provide Privacy Rights for Employees.” 5 Employment Testing: Law and Policy Reporter 49–54 (1996)

“States Offer Workplace Protection for Lawful Off-Duty Consumption,” 5 Employment Testing: Law and Policy Reporter 104 (1996)

“New Defense Department Regulations Preserve ‘Sub-Element’ Exemption,” The SALT Equalizer 15 (1995)

“Congressional Pressure Mounts on Law School Discrimination Policies,” The SALT Equalizer 6–7 (1995)

“Sexual Orientation Discrimination and Popular Democracy: Courts Invalidate Anti-Gay Initiatives,” 4(3) Employment Testing Law and Policy Reporter 33–40 (1995)

“Lesbian and Gay Families and the Law: A Progress Report,” 21 Fordham Urban Law Journal 927–972 (1994)

“Courts Reject Voter Initiatives to Ban Laws That Protect Gays.” 3(2) Employment Testing: Law and Policy Reporter 24–31, 35 (1994)

“New York High Court Says Schools Can Bar Military Recruiters; Congressional Reaction Threatened,” The SALT Equalizer 3–4 (1994)

“Sexual Orientation and the Workplace: A Rapidly Developing Field.” 44 Labor Law Journal 574–583 (1993)

“California Courts Limit Laws on Sexual Orientation Bias.” 2(9) Employment Testing: Law & Policy Reporter 145–148, 160 (1993)

“Legal Constraints on Employment Screening for Sexual Orientation,” 1(10) Employment Testing: Law & Policy Reporter 154 (1992)

“A Proposal to Reform the Process for Confirming Justices of the United States Supreme Court,” 7 St. John’s Journal of Legal Commentary 193–202 (1991)

“Homophobia, Heterosexism and Judicial Decision Making,” 1 Journal of Gay & Lesbian Psychotherapy 65–91 (1991)

“Ethical Challenges of HIV Infection in the Workplace,” 5 Notre Dame Journal of Law, Ethics, & Public Policy 53–73 (1990)

“AIDS, Employment and Unemployment,” 49 Ohio State Law Journal 929–964 (1989)

“Watkins v. United States Armyand the Employment Rights of Lesbians and Gay Men,” 40 Labor Law Journal 438–445 (1989)

“Report From the Legal Front: Gay/Lesbian Rights.” 251 The Nation 12 (1989)

“Foreword: The Legal Challenge of AIDS,” 12 Nova Law Review 961–968 (1988)

“A New Common Law of Employment Termination,” 66 North Carolina Law Review 631–686 (1988)

“AIDS and Employment: Bibliographic Resources,” 3 The Labor Lawyer299–309 (1987)

“Employment Discrimination Against Persons with AIDS,” 19 Clearinghouse Review 1292–1302 (1986)

“AIDS and Employment Law Revisited,” 14 Hofstra Law Review 11–51 (1985)

“Employment Discrimination Against Persons with AIDS,” 10 University of Dayton Law Review 681–703 (1985)

“Post-Contractual Arbitrability after Nolde Brothers: A Problem of Conceptual Clarity,” 28 New York Law School Law Review 257–294 (1983)

“Specific Performance of Collective Bargaining Agreements,” 52 Fordham Law Review 193–218 (1983)

“Collective Bargaining on Issues of Health and Safety in the Public Sector: The Experience under New York’s Taylor Law,” 31 Buffalo Law Review 165–190 (1982)

Editing

Founding Editor and Writer, LGBT Law Notes (formerly Lesbian/Gay Law Notes), (Bar Association for Human Rights of Greater New York, 1983–present)

Other Writing

Blog, ArtLeonardObservations (January 2011–present)

Legal Columnist, Gay City News (Community Media, New York, 2002–present)

Blog, Leonard Link (January 2006–2012)

Letter to the editor regarding an op-ed by former New York City mayor Rudolph Giuliani, The New York Times (2005)

Essay in Eight Blocks Away: Memoirs of September 11, 2001 at 40–43 (New York Law School, 2002)

Legal Reporter, LGNY (Lesbian & Gay New York, 1997–2002)

Legal Columnist, POZ (Strubco, Inc., New York, 1998–2000)

“Going for the Brass Ring: The Case For Same-Sex Marriage,” Book Review of The Case For Same-Sex Marriage: From Sexual Liberty to Civilized Commitment, by William N. Eskridge, Jr., 82 Cornell Law Review 572–593 (1997)

“Researching AIDS-Related Legal Questions, Part III,” in Noter Up, pgs. 15–20 (Foundation Press, 1994)

AIDS Legal Bibliography, Second Edition (University of Texas Tarlton Law Library, 1993)

Report on the Experience of Lesbians and Gay Men in the Legal Profession, 48 Record of the Association of the Bar of the City of New York 843–890 (1993)

Columnist, “Out/Law,” Outweek Magazine (1989–1991)

Columnist, “The Law,” New York Native (1986–1989)

AIDS Legal Bibliography in AIDS in the Workplace: Resource Materials, Third Edition (Bureau of National Affairs, 1989)

AIDS Legal Bibliography (University of Texas Tarlton Law Library, 1988)

Book Review of Sexual Politics, Sexual Communities: The Making of a Homosexual Minority in the United States 1940–1970 by John D’Emilio, 1 New York Law School Human Rights Annual 305–309 (1983)

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