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Constitutional Courts Gay Rights And Sexual Orientation Equality
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Book Synopsis Constitutional Courts, Gay Rights and Sexual Orientation Equality by : Angioletta Sperti
Download or read book Constitutional Courts, Gay Rights and Sexual Orientation Equality written by Angioletta Sperti and published by Bloomsbury Publishing. This book was released on 2017-05-04 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination. It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays' and lesbians' rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international levels and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate.
Book Synopsis Gay Rights and American Law by : Daniel R. Pinello
Download or read book Gay Rights and American Law written by Daniel R. Pinello and published by Cambridge University Press. This book was released on 2003-06-09 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Table of contents
Book Synopsis Religious Freedom and Gay Rights by : Timothy Samuel Shah
Download or read book Religious Freedom and Gay Rights written by Timothy Samuel Shah and published by Oxford University Press. This book was released on 2016 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States and Europe, an increasing emphasis on equality has pitted rights claims against each other, raising profound philosophical, moral, legal, and political questions about the meaning and reach of religious liberty. The eye of this conflict is the debate over claims of religious freedom, on one hand, and claims of equal rights for lesbian, gay, bisexual, and transgender (LGBT) people, on the other. As new rights for LGBT people have expanded in liberal democracies across the West, many advocates of religious freedom claim that their rights - such as the rights of conscience; the rights of parents to impart their religious beliefs to their children; and the liberty to advance religiously-based moral arguments as a rationale for laws - have experienced a corresponding decline. In Religious Freedom and Gay Rights, editors Timothy Samuel Shah, Thomas F. Farr, and Jack Friedman bring together some of the world's leading thinkers on religion, morality, politics, and law to analyze the emerging tensions between religious freedom and gay rights in three geographic regions: the United States, the United Kingdom, and continental Europe. The result is a thoughtful inquiry into the legal and moral frameworks that govern tensions between gay rights and religious freedom and the political controversies that these tensions have produced. -- from back cover.
Book Synopsis The Constitutional Underclass by : Evan Gerstmann
Download or read book The Constitutional Underclass written by Evan Gerstmann and published by University of Chicago Press. This book was released on 1999-04 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Supreme Court struck down Colorado's Amendment 2—which would have nullified all state and local laws protecting gays and lesbians from discrimination—it was widely regarded as a victory for gay rights. Yet many gays and lesbians still risk losing their jobs, custody of their children, and even their liberty under the law. Using the Colorado initiative as his focus, Gerstmann untangles the complex standards and subtle rhetoric the Supreme Court uses to apply the equal protection clause. The Court divides people into legal classes that receive varying levels of protection; gays and lesbians and other groups, such as the elderly and the poor, receive the least. Gerstmann reveals how these standards are used to favor certain groups over others, and also how Amendment 2 advocates used the Court's doctrine to convince voters that gays and lesbians were seeking "special rights" in Colorado. Concluding with a call for wholesale reform of equal-protection jurisprudence, this book is essential reading for anyone interested in fair, coherent, and truly equal protection under the law.
Book Synopsis Marriage Rights and Gay Rights by : Barbara Gottfried Hollander
Download or read book Marriage Rights and Gay Rights written by Barbara Gottfried Hollander and published by The Rosen Publishing Group, Inc. This book was released on 2014-07-15 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: One would think that by now the issue of marriage and the simple right for two people who love one another to be together would be settled. Even in the 21st century, people ask, "What is marriage?" Although the word "marriage" isn't even mentioned in the Constitution, readers will learn why this issue has been a subject of debate for years, whether for interracial or same-sex couples. Primary source documents, quotes, and explanations of Supreme Court rulings help set the scene and tell the evolving tale of equality for marriage rights in the United States.
Book Synopsis Queers in Court by : Susan Gluck Mezey
Download or read book Queers in Court written by Susan Gluck Mezey and published by Rowman & Littlefield. This book was released on 2007 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the gay community's efforts to achieve social and legal reform in the United States from the 50s to the 2000s within the "rights-based" discourse characteristic of earlier civil rights struggles.
Book Synopsis The Long Arc of Justice by : Richard D. Mohr
Download or read book The Long Arc of Justice written by Richard D. Mohr and published by Columbia University Press. This book was released on 2007-04 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard D. Mohr adopts a humanistic and philosophical approach to assessing public policy issues affecting homosexuals. His nuanced case for legal and social acceptance applies widely held ethical principles to various issues, including same-sex marriage, AIDS, and gays in the military. Mohr examines the nature of prejudices and other cultural forces that work against lesbian and gay causes and considers the role that sexuality plays in national rituals. In his support of same-sex marriage, Mohr defines matrimony as the development and maintenance of intimacy through which people meet their basic needs and carry out their everyday living, and he contends that this definition applies equally to homosexual and heterosexual couples. By drawing on culturally, legally, and ethically based arguments, Mohr moves away from tired political rhetoric and reveals the important ways in which the struggle for gay rights and acceptance relates to mainstream American society, history, and political life.
Book Synopsis The First Amendment and LGBT Equality by : Carlos A. Ball
Download or read book The First Amendment and LGBT Equality written by Carlos A. Ball and published by Harvard University Press. This book was released on 2017-03-27 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conservative opponents of LGBT equality in the United States often couch their opposition in claims of free speech, free association, and religious liberty. It is no surprise, then, that many LGBT supporters equate First Amendment arguments with resistance to their cause. The First Amendment and LGBT Equality tells another story, about the First Amendment’s crucial yet largely forgotten role in the first few decades of the gay rights movement. Between the 1950s and 1980s, when many courts were still openly hostile to sexual minorities, they nonetheless recognized the freedom of gay and lesbian people to express themselves and associate with one another. Successful First Amendment cases protected LGBT publications and organizations, protests and parades, and individuals’ right to come out. The amendment was wielded by the other side only after it had laid the groundwork for major LGBT equality victories. Carlos A. Ball illuminates the full trajectory of this legal and cultural history. He argues that, in accommodating those who dissent from LGBT equality on grounds of conscience, it is neither necessary nor appropriate to depart from the established ways in which American antidiscrimination law has, for decades, accommodated equality dissenters. But he also argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents today, they should take care not to erode the very safeguards of liberty that allowed LGBT rights to exist in the first place.
Book Synopsis Sexual Orientation and Legal Rights by : Alba Conte
Download or read book Sexual Orientation and Legal Rights written by Alba Conte and published by Aspen Publishers. This book was released on 1998 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive guide covers gay rights issues and legal development in the areas of employment law, civil rights law, and family law. it covers topics such as: Constitutional issues Employment discrimination Same-sex harassment Same-sex couple benefits Tort and contract claims Same-sex marriage Dissolution of relationships Child custody and adoption issues Housing and property rights Federal and state statutory and case law discussed, and a state-by-state survey of gay-related statutes and case law is included.
Book Synopsis Sexual Orientation and the Law by : Harvard Law Review
Download or read book Sexual Orientation and the Law written by Harvard Law Review and published by Harvard University Press. This book was released on 1990 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gives an overview of how the laws of the time affect lesbians and gay men in how they go about their lives.
Book Synopsis Homosexuality in the Jurisprudence of the Supreme Court of India by : Yeshwant Naik
Download or read book Homosexuality in the Jurisprudence of the Supreme Court of India written by Yeshwant Naik and published by Springer. This book was released on 2017-04-07 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyses the Indian Supreme Court’s jurisprudence on homosexuality, its current approach and how its position has evolved in the past ten years. It critically analyses the Court’s landmark judgments and its perception of equality, family, marriage and human rights from an international perspective. With the help of European Court of Human Rights’ judgments and international conventions, it compares the legal and social discrimination meted out to the Indian LGBTI community with that in the international arena. From a social anthropological perspective, it demonstrates how gay masculinity, although marginalized, serves as a challenge to patriarchy and hegemonic masculinity. This unique book addresses the lack of in-depth literature on gay masculinity, elaborately narrating and analysing contemporary gay masculinity and emerging gay lifestyles in India and highlighting the latest research on the subject of homosexuality in general and in particular with respect to India. It also discusses several new issues concerning the gay men in India supported by the living law approach put forth by Eugen Ehrlich.
Book Synopsis Same-Sex Marriage and the Constitution by : Evan Gerstmann
Download or read book Same-Sex Marriage and the Constitution written by Evan Gerstmann and published by Cambridge University Press. This book was released on 2017-06-26 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: A clearly written and accessible explanation of the Supreme Court's same-sex marriage decision, its reasoning, and the consequences and controversies surrounding it.
Book Synopsis The Gay Rights Question in Contemporary American Law by : Andrew Koppelman
Download or read book The Gay Rights Question in Contemporary American Law written by Andrew Koppelman and published by University of Chicago Press. This book was released on 2010-02-15 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: The gay rights question is whether the second-class legal status of gay people should be changed. In this book Andrew Koppelman shows the powerful legal and moral case for gay equality, but argues that courts cannot and should not impose it. The Gay Rights Question in Contemporary American Law offers an unusually nuanced analysis of the most pressing gay rights issues. Does antigay discrimination violate the Constitution? Is there any sound moral objection to homosexual conduct? Are such objections the moral and constitutional equivalent of racism? Must state laws recognizing same-sex unions be given effect in other states? Should courts take account of popular resistance to gay equality? Koppelman sheds new light on all these questions. Sure to upset purists on either side of the debate, Koppelman's book criticizes the legal arguments advanced both for and against gay rights. Just as important, it places these arguments in broader moral and social contexts, offering original, pragmatic, and workable legal solutions.
Download or read book Created Equal written by Michael Nava and published by St. Martin's Griffin. This book was released on 2014-12-16 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why should Americans who are not gay care about gay rights? In Created Equal, Michael Nava and Robert Dawidoff argue that the movement for gay equality is central to the continuing defense of individual liberty in America. Beginning with an examination of the determined assault on gay issues by the religious right, the authors show how this sectarian movement to legislate private religious morality into law undermines the purpose of American constitutional government: the protection of the individual's right to determine how best to live his or her life. The book starts from the premise that gay men and lesbians are, first and foremost, American citizens, and then looks to what rights belong to every individual American citizen, arguing from the Declaration of Independence and the Constitution. Addressing their argument to the great majority of their fellow Americans, Dawidoff and Nava emphasize that what is at stake is not the fate of the gay community, but the future of constitutional principle and the rights of free individuals in American society.
Book Synopsis Gay Families and the Courts by : Susan Gluck Mezey
Download or read book Gay Families and the Courts written by Susan Gluck Mezey and published by Rowman & Littlefield. This book was released on 2009 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Susan Gluck Mezey's newest book, Gay Families and the Courts, is a compelling examination of the role of state and federal courts in gaining equal rights for members of the LGBT community. Unlike Mezey's earlier book, Queers in Court, this book evaluates the effect of litigation on achieving this goal for gay families - families in which at least one member is gay - as they seek to expand their opportunities and battle discrimination. Mezey shows how the courts address gay and lesbian rights and sexual orientation in schools and social organizations, such as the Boy Scouts, along with family-oriented problems such as marriage and parenthood. In doing so, Mezey emphasizes the complexity of the issues involved in the cases and assesses how the outcome of the litigation is affected by the type of case, the type of court, and the judge's perception of his or her role as a policymaker. It is a valuable reference for scholars interested in judicial, legislative, and executive policymaking at the federal and state level as well as anyone interested in LGBT politics." --Book Jacket.
Book Synopsis Beyond (Straight and Gay) Marriage by : Nancy D. Polikoff
Download or read book Beyond (Straight and Gay) Marriage written by Nancy D. Polikoff and published by Beacon Press. This book was released on 2008-02-01 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate over marriage equality for same-sex couples rages across the country. Beyond (Straight and Gay) Marriage boldly moves the discussion forward by focusing on the larger, more fundamental issue of marriage and the law. The root problem, asserts law professor and LGBT rights activist Nancy Polikoff, is that marriage is a bright dividing line between those relationships that legally matter and those that don't. A woman married to a man for nine months is entitled to Social Security survivor's benefits when he dies; a woman living for nineteen years with a man or woman to whom she is not married receives nothing. Polikoff reframes the debate by arguing that all family relationships and households need the economic stability and emotional peace of mind that now extend only to married couples. Unmarried couples of any sexual orientation, single-parent households, extended family units, and myriad other familial configurations need recognition and protection to meet the concerns they all share: building and sustaining economic and emotional interdependence, and nurturing the next generation. Couples should have the choice to marry based on the spiritual, cultural, or religious meaning of marriage in their lives, asserts Polikoff. While marriage equality for same-sex couples is a civil rights victory, she contends that no one should have to marry in order to reap specific and unique legal results. A persuasive argument that married couples should not receive special rights denied to other families, Polikoff shows how the law can value all families, and why it must.
Download or read book Gay Rights on Trial written by Lee Walzer and published by Bloomsbury Publishing USA. This book was released on 2002-01-11 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth examination of the relationship between gay rights, public opinion, and legislation since the late 1800s. In this comprehensive overview of how the American legal system has approached issues pertaining to sexual orientation and how the law has advanced—or hindered—civil rights, author Lee Walzer reveals that while the United States has the world's most developed lesbian and gay community, it lags other countries on equality for sexual minorities. Gay Rights on Trial focuses on four significant cases that have shaped the development of gay rights, including detailed discussion of majority and dissenting decisions and analysis of their legacy and impact. Also included are a chronology; a section of key people, laws, and concepts; a table of cases; key legal documents such as the Defense of Marriage Act and the Vermont Civil Union Act; and an annotated bibliography.
