The Gay Rights Question In Contemporary American Law

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The Gay Rights Question in Contemporary American Law

Author : Andrew Koppelman
Publisher : University of Chicago Press
ISBN 13 : 0226451038
Total Pages : 221 pages
Book Rating : 4.2/5 (264 download)

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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.

Gay Rights Question In Contemporary American Law

Author : Andrew Koppelman
Publisher : Turtleback
ISBN 13 : 9780613911146
Total Pages : pages
Book Rating : 4.9/5 (111 download)

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Book Synopsis Gay Rights Question In Contemporary American Law by : Andrew Koppelman

Download or read book Gay Rights Question In Contemporary American Law written by Andrew Koppelman and published by Turtleback. This book was released on 2002-07-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: AcknowledgmentsIntroduction1. Equal Protection and Invidious Intent2. The Right to Privacy?3. The Sex Discrimination Argument, and Objections4. Why Discriminate?5. Choice of Law and Public Policy6. Dumb and DOMA: Why the Defense of Marriage Act Is UnconstitutionalEpilogue: The Limitations of the CourtsNotesIndex

Gay Rights and American Law

Author : Daniel R. Pinello
Publisher : Cambridge University Press
ISBN 13 : 9780521012140
Total Pages : 372 pages
Book Rating : 4.0/5 (121 download)

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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

Straightforward

Author : Ian Ayres
Publisher : Princeton University Press
ISBN 13 : 1400837472
Total Pages : 264 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Straightforward by : Ian Ayres

Download or read book Straightforward written by Ian Ayres and published by Princeton University Press. This book was released on 2011-06-27 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: What can straight people do to support gay rights? How much work or sacrifice must allies take on to do their share? Ian Ayres and Jennifer Brown--law professors, activists, husband and wife--propose practical strategies for helping straight men and women advocate for and with the gay community. Straightforward advances a thesis that is at once simple and groundbreaking: to make real progress at the central flashpoints of controversy--marriage rights, employment discrimination, gays in the military, exclusion from the Boy Scouts, and religious controversies over homosexuality--straight as well as gay people need to speak up and act for equality. Ayres and Brown take aim at both the hearts and minds of the general public, focusing on strategies that can change the incentives and therefore the behavior of the recalcitrant. The book is peppered with stories about real people and the decisions they have faced at home, in church, at work, in school, and in politics. It is also filled with creative legal and economic strategies for influencing public and corporate decision-making. For example, Ayres and Brown propose the development of a "fair employment mark" to help companies advertise inclusive employment policies. They also show how a simple pledge to vacation in states that legalize gay marriage can create powerful incentives for legislatures to amend their marriage laws. Engagingly written and sure to spark debate, Straightforward promises to change the way America thinks about--and participates in--the gay rights movement.

Strangers to the Law

Author : Lisa Melinda Keen
Publisher : University of Michigan Press
ISBN 13 : 0472022768
Total Pages : 285 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis Strangers to the Law by : Lisa Melinda Keen

Download or read book Strangers to the Law written by Lisa Melinda Keen and published by University of Michigan Press. This book was released on 2010-05-18 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1992, the voters of Colorado passed a ballot initiative amending the state constitution to prevent the state or any local government from adopting any law or policy that protected a person with a homosexual, lesbian, or bisexual orientation from discrimination. This amendment was immediately challenged in the courts as a denial of equal protection of the laws under the United States Constitution. This litigation ultimately led to a landmark decision by the United States Supreme Court invalidating the Colorado ballot initiative. Suzanne Goldberg, an attorney involved in the case from the beginning on behalf of the Lambda Legal Defense and Education Fund, and Lisa Keen, a journalist who covered the initiative campaign and litigation, tell the story of this case, providing an inside view of this complex and important litigation. Starting with the background of the initiative, the authors tell us about the debates over strategy, the court proceedings, and the impact of each stage of the litigation on the parties involved. The authors explore the meaning of legal protection for gay people and the arguments for and against the Colorado initiative. This book is essential reading for anyone interested in the development of civil rights protections for gay people and the evolution of what it means to be gay in contemporary American society and politics. In addition, it is a rich story well told, and will be of interest to the general reader and scholars working on issues of civil rights, majority-minority relations, and the meaning of equal rights in a democratic society. Suzanne Goldberg is an attorney with the Lambda Legal Defense and Education Fund. Lisa Keen is Senior Editor at the Washington Blade newspaper.

Law and the Gay Rights Story

Author : Walter Frank
Publisher : Rutgers University Press
ISBN 13 : 0813568722
Total Pages : 249 pages
Book Rating : 4.8/5 (135 download)

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Book Synopsis Law and the Gay Rights Story by : Walter Frank

Download or read book Law and the Gay Rights Story written by Walter Frank and published by Rutgers University Press. This book was released on 2014-08-05 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: For much of the 20th century, American gays and lesbians lived in fear that public exposure of their sexualities might cause them to be fired, blackmailed, or even arrested. Today, they are enjoying an unprecedented number of legal rights and protections. Clearly, the tides have shifted for gays and lesbians, but what caused this enormous sea change? In his gripping new book, Walter Frank offers an in-depth look at the court cases that were pivotal in establishing gay rights. But he also tells the story of those individuals who were willing to make waves by fighting for those rights, taking enormous personal risks at a time when the tide of public opinion was against them. Frank’s accessible style brings complex legal issues down to earth but, as a former litigator, never loses sight of the law’s human dimension and the context of the events occurring outside the courtroom. Chronicling the past half-century of gay and lesbian history, Law and the Gay Rights Story offers a unique perspective on familiar events like the Stonewall Riots, the AIDS crisis, and the repeal of “Don’t Ask, Don’t Tell.” Frank pays special attention to the constitutional issues surrounding same-sex marriage and closely analyzes the two recent Supreme Court cases addressing the issue. While a strong advocate for gay rights, Frank also examines critiques of the movement, including some coming from the gay community itself. Comprehensive in coverage, the book explains the legal and constitutional issues involved in each of the major goals of the gay rights movement: a safe and healthy school environment, workplace equality, an end to anti-gay violence, relationship recognition, and full integration into all the institutions of the larger society, including marriage and military service. Drawing from extensive archival research and from decades of experience as a practicing litigator, Frank not only provides a vivid history, but also shows where the battle for gay rights might go from here.

Created Equal

Author : Michael Nava
Publisher : St. Martin's Griffin
ISBN 13 : 1466887397
Total Pages : 167 pages
Book Rating : 4.4/5 (668 download)

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Book Synopsis Created Equal by : Michael Nava

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.

Same Sex, Different States

Author : Andrew Koppelman
Publisher : Yale University Press
ISBN 13 : 0300135130
Total Pages : 222 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Same Sex, Different States by : Andrew Koppelman

Download or read book Same Sex, Different States written by Andrew Koppelman and published by Yale University Press. This book was released on 2006-01-01 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comparative history devoted to the revolutionary tradition in the West as it evolved over many centuries and reached its logical, though extreme, culmination in the Communist revolutions of the twentieth century. Unique in the breadth of its scope, "History's Locomotives" is also unique in its interpretation of the origins and history of socialism as well as the meanings of the Russian Revolution, the rise of the Soviet regime, and the ultimate collapse of the Soviet Union. The masterwork of a historian in whom a fine sense of historical particularity never interfered with the ability to see the large picture, this book explores religious conflicts in fifteenth- and sixteenth-century Europe, the revolutions in England, American, and France, and the twentieth-century Russian explosions into revolution. Malia finds that twentieth-century revolutions have deep roots in European history and that revolutionary thought and action underwent a process of radicalization from one great revolution to the next. He offers an original view of the phenomenon of revolution and a fascinating assessment of its power as a driving force in history.

Women, Gays, and the Constitution

Author : David A. J. Richards
Publisher : University of Chicago Press
ISBN 13 : 0226712079
Total Pages : 545 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis Women, Gays, and the Constitution by : David A. J. Richards

Download or read book Women, Gays, and the Constitution written by David A. J. Richards and published by University of Chicago Press. This book was released on 1998-07-20 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this remarkable study, David A. J. Richards combines an interpretive history of culture and law, political philosophy, and constitutional analysis to explain the background, development, and growing impact of two of the most important and challenging human rights movements of our time, feminism and gay rights. Richards argues that both movements are extensions of rights-based dissent, rooted in antebellum abolitionist feminism that condemned both American racism and sexism. He sees the progressive role of such radical dissent as an emancipated moral voice in the American constitutional tradition. He examines the role of dissident African Americans, Jews, women, and homosexuals in forging alternative visions of rights-based democracy. He also draws special attention to Walt Whitman's visionary poetry, showing how it made space for the silenced and subjugated voices of homosexuals in public and private culture. According to Richards, contemporary feminism rediscovers and elaborates this earlier tradition. And, similarly, the movement for gay rights builds upon an interpretation of abolitionist feminism developed by Whitman in his defense, both in poetry and prose, of love between men. Richards explores Whitman's impact on pro-gay advocates, including John Addington Symonds, Havelock Ellis, Edward Carpenter, Oscar Wilde, and André Gide. He also discusses other diverse writers and reformers such as Margaret Sanger, Franz Boas, Elizabeth Stanton, W. E. B. DuBois, and Adrienne Rich. Richards addresses current controversies such as the exclusion of homosexuals from the military and from the right to marriage and concludes with a powerful defense of the struggle for such constitutional rights in terms of the principles of rights-based feminism.

The Future of Gay Rights in America

Author : H.N. Hirsch
Publisher : Routledge
ISBN 13 : 1135422710
Total Pages : 301 pages
Book Rating : 4.1/5 (354 download)

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Book Synopsis The Future of Gay Rights in America by : H.N. Hirsch

Download or read book The Future of Gay Rights in America written by H.N. Hirsch and published by Routledge. This book was released on 2020-03-25 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sandra Day O'Connor has called the gay rights movement "the first important civil rights struggle of the twenty-first century." Recent court decisions to overturn sodomy laws and to recognize gay marriage have emboldened activists, but have also resulted in a tremendous backlash, not the least of which has been a call for a constitutional amendment defining marriage as only between members of the opposite sex. Through its historical and legal contextualization of these decisions The Future of Gay Rights in America is essential for understanding an epochal moment in the history of gay rights.

Identity and the Case for Gay Rights

Author : David A. J. Richards
Publisher : University of Chicago Press
ISBN 13 : 0226712095
Total Pages : 247 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis Identity and the Case for Gay Rights by : David A. J. Richards

Download or read book Identity and the Case for Gay Rights written by David A. J. Richards and published by University of Chicago Press. This book was released on 1999 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. THE RACIAL ANALOGY

The Gay Revolution

Author : Lillian Faderman
Publisher : Simon and Schuster
ISBN 13 : 1451694121
Total Pages : 832 pages
Book Rating : 4.4/5 (516 download)

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Book Synopsis The Gay Revolution by : Lillian Faderman

Download or read book The Gay Revolution written by Lillian Faderman and published by Simon and Schuster. This book was released on 2016-09-27 with total page 832 pages. Available in PDF, EPUB and Kindle. Book excerpt: A chronicle of the modern struggle for gay, lesbian and transgender rights draws on interviews with politicians, military figures, legal activists and members of the LGBT community to document the cause's struggles since the 1950s.

Same-Sex Marriage and the Constitution

Author : Evan Gerstmann
Publisher : Cambridge University Press
ISBN 13 : 9780521009522
Total Pages : 240 pages
Book Rating : 4.0/5 (95 download)

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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 2004 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does the Constitution protect the right to same-sex marriage? Much of the writing on this subject has been highly one-sided. This book takes a careful second look at the issue. Not only does it carefully look at the legal debate, but it also asks whether, in a democratic society, the courts should settle this question rather that the voters and it takes on the issue of whether such a court-created law could be effective in the face of public opposition. The book argues that this issue is one of the most significant constitutional issues facing society because it challenges society's commitment to the promise of true legal equality.

Homosexuality and the Law

Author : Donald Knutson, J.D.
Publisher : Routledge
ISBN 13 : 131794058X
Total Pages : 175 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Homosexuality and the Law by : Donald Knutson, J.D.

Download or read book Homosexuality and the Law written by Donald Knutson, J.D. and published by Routledge. This book was released on 2014-07-10 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fascinating exploration of how the law--as viewed and decided by the courts--often embodies fear and prejudice against homosexuality, and thereby, becomes the instrument for discrimination. This valuable book covers a wide range of subjects, illustrating the extent to which the lives of gay persons are touched by these laws and providing a highly critical examination of the response by the American judicial system to our claims for equal protection under the law. Leading law professors and practicing lawyers address the important legal issues and court decisions relevant to male and female homosexuality--criminal punishment for gay sex acts, employment discrimination, child custody, gay organizational rights, and more.

Core Concepts and Contemporary Issues in Privacy

Author : Ann E. Cudd
Publisher : Springer
ISBN 13 : 3319746391
Total Pages : 265 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Core Concepts and Contemporary Issues in Privacy by : Ann E. Cudd

Download or read book Core Concepts and Contemporary Issues in Privacy written by Ann E. Cudd and published by Springer. This book was released on 2018-04-03 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive investigation of privacy in the modern world. It collects 16 papers that look at this essential topic from many facets, from the personal to the technological, from the philosophical to the legal. The contributors examine such issues as the value of privacy protection, the violation of spreading personal falsehoods, the digital rights of children, an individual's right to be forgotten from internet search engines, and more. The organization of the volume helps provide a nuanced understanding of this often controversial topic. Coverage starts with key concepts before moving on to explore personal information privacy and the impact of new technologies. Next, the papers consider privacy in different contexts. These include work, sex, family, crime, and religion. This structure enables greater engagement with the difficult questions about privacy. Readers will gain deep insight into the core concepts of privacy as well as its application to everyday life. This interdisciplinary volume brings together an international team of scholars. They provide a broad combination of expertise in law, philosophy, and political science. Overall, this thought-provoking examination will appeal to interested readers in both academia and practice.

Covering

Author : Kenji Yoshino
Publisher : Random House
ISBN 13 : 1588361721
Total Pages : 304 pages
Book Rating : 4.5/5 (883 download)

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Book Synopsis Covering by : Kenji Yoshino

Download or read book Covering written by Kenji Yoshino and published by Random House. This book was released on 2011-11-02 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A lyrical memoir that identifies the pressure to conform as a hidden threat to our civil rights, drawing on the author’s life as a gay Asian American man and his career as an acclaimed legal scholar. “[Kenji] Yoshino offers his personal search for authenticity as an encouragement for everyone to think deeply about the ways in which all of us have covered our true selves. . . . We really do feel newly inspired.”—The New York Times Book Review Everyone covers. To cover is to downplay a disfavored trait so as to blend into the mainstream. Because all of us possess stigmatized attributes, we all encounter pressure to cover in our daily lives. Racial minorities are pressed to “act white” by changing their names, languages, or cultural practices. Women are told to “play like men” at work. Gays are asked not to engage in public displays of same-sex affection. The devout are instructed to minimize expressions of faith, and individuals with disabilities are urged to conceal the paraphernalia that permit them to function. Given its pervasiveness, we may experience this pressure to be a simple fact of social life. Against conventional understanding, Kenji Yoshino argues that the work of American civil rights law will not be complete until it attends to the harms of coerced conformity. Though we have come to some consensus against penalizing people for differences based on race, sex, sexual orientation, religion, and disability, we still routinely deny equal treatment to people who refuse to downplay differences along these lines. At the same time, Yoshino is responsive to the American exasperation with identity politics, which often seems like an endless parade of groups asking for state and social solicitude. He observes that the ubiquity of covering provides an opportunity to lift civil rights into a higher, more universal register. Since we all experience the covering demand, we can all make common cause around a new civil rights paradigm based on our desire for authenticity—a desire that brings us together rather than driving us apart. Praise for Covering “Yoshino argues convincingly in this book, part luminous, moving memoir, part cogent, level-headed treatise, that covering is going to become more and more a civil rights issue as the nation (and the nation’s courts) struggle with an increasingly multiethnic America.”—San Francisco Chronicle “[A] remarkable debut . . . [Yoshino’s] sense of justice is pragmatic and infectious.”—Time Out New York

De-Moralizing Gay Rights

Author : Cyril Ghosh
Publisher : Springer
ISBN 13 : 331978840X
Total Pages : 112 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis De-Moralizing Gay Rights by : Cyril Ghosh

Download or read book De-Moralizing Gay Rights written by Cyril Ghosh and published by Springer. This book was released on 2018-05-18 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically interrogates three sets of distortions that emanate from the messianic core of 21st century public discourse on LGBT+ rights in the United States. The first relates to the critique of pinkwashing, often advanced by scholars who claim to be committed to an emancipatory politics. The second concerns a recent US Supreme Court decision, Obergefell v. Hodges (2015), a judgment that established marriage equality across the 50 states. The third distortion occurs in Kenji Yoshino’s theorization of the concept of gay covering. Each distortion produces its own injunction to assimilate, sometimes into the dominant mainstream and, at other times, into the fold of what is axiomatically taken to be the category of the radical. Using a queer theoretic analysis, De-Moralizing Gay Rights argues for the dismantling of each of these three sets of assimilationist injunctions.