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Author: William N. Eskridge Publisher: ISBN: Category : Current Events Languages : en Pages : 312
Book Description
Third, same-sex marriage would help civilize America. A civilized polity assures equality for all its citizens. Without full access to the institutions of civic life, gays and lesbians cannot be full participants in the American experience. Gays and lesbians love their country, and have contributed in every way to its flourishing.
Author: Andrew Koppelman Publisher: University of Chicago Press ISBN: 9780226451015 Category : Law Languages : en Pages : 220
Book Description
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.
Author: Omar G. Encarnación Publisher: Oxford University Press ISBN: 0197535682 Category : Political Science Languages : en Pages : 202
Book Description
A compelling and timely vision for gay reparations in the United States In the last two decades many nations have adopted "gay reparations," or policies intended to make amends for a history of discrimination, stigmatization, and violence on the basis of sexual orientation and gender identity. Far from being a homogenous or uniform phenomenon, gay reparations encompass a small constellation of approaches including a formal apology to the LGBT community for past wrongdoing, financial compensation for victims of anti-LGBT laws and actions, and the erection of monuments to the memory of those who suffered because of structural homophobia. The United States, however, has been reluctant to embrace gay reparations, making the country something of an outlier among Western democracies. Beyond making the case for gay reparations in the United States, this book explores a wide range of questions provoked by the rise of the gay reparations movement. Among these questions, three stand out for what they reveal about the puzzling and complex nature of this new front in the struggle for LGBT equality. Why, after centuries of attempts to marginalize, dehumanize, and even eradicate LGBT people, are governments coming around to confront this dark and painful historical legacy? How do we make sense of the diversity of gay reparations being implemented by governments around the world? And, finally, what would an American policy of gay reparations look like? Omar G. Encarnación draws upon the rich history of reparations to confront the legacies of genocide, slavery, and political repression and argue that gay reparations are a moral obligation intended to restore dignity to those whose human rights have been violated because of their sexual orientation and gender identity. Reparations are also necessary to close painful chapters of anti-LGBT discrimination and violence and to remind future generations of past struggles for LGBT equality. To this end, he traces America's dark and painful LGBT history--from colonial-era laws criminalizing homosexual conduct, to a postwar ban on homosexuals working in the federal bureaucracy, to the government's support of the junk-science underpinning the practice of "gay conversion" therapy promoted by the Christian Right. The book also examines how other Western democracies notorious for their repression of homosexuals--specifically Spain, Britain, and Germany--have implemented gay reparations. These foreign experiences reveal potential pathways for gay reparations in the United States. More importantly, they show that while there is no universal approach to gay reparations it is never too late for countries to seek to right past wrongs.
Author: Jay Michaelson Publisher: Beacon Press ISBN: 0807001600 Category : Religion Languages : en Pages : 214
Book Description
A passionate argument for LGBTQ equality within religious communities—“a book for our times and a book for the ages” (EDGE) The myth that the Bible forbids homosexuality—the myth of “God versus Gay”—is behind some of the most divisive and painful conflicts of our day. In this provocative and game-changing book, scholar and activist Jay Michaelson shows that the Bible does not prohibit same-sex intimacy but does quite the opposite. In fact, the vast majority of the Bible’s teachings support the full equality and dignity of LGBTQ people, from the first flaw it finds in creation (“It is not good for a person to be alone”) to the way religious communities grow through reflection and conscience. Michaelson argues passionately for equality—not despite religion, but because of it. With close readings of the Hebrew Bible and New Testament, the latest data on the science of sexual orientation, and a sympathetic, accessible, and ecumenical approach to religious faith, Michaelson makes the case that sexual diversity is part of the beauty of nature. The recognition of same-sex families will strengthen, not threaten, the values religious people hold dear. Whatever your views on religion and sexual diversity, God vs. Gay is a plea for a more compassionate, informed conversation—and a first step toward creating one.
Author: Angioletta Sperti Publisher: Bloomsbury Publishing ISBN: 1782256431 Category : Law Languages : en Pages : 313
Book Description
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.
Author: Richard Mohr Publisher: Columbia University Press ISBN: 0231135211 Category : Law Languages : en Pages : 157
Book Description
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.
Author: David A. J. Richards Publisher: ISBN: Category : Law Languages : en Pages : 272
Book Description
As Americans wrestle with debates over traditional values, defense of marriage, and gay rights, reason often seems to take a back seat to emotion. In response, legal scholar Richards reflects upon the constitutional and democratic principles--relating to privacy, intimate life, free speech, tolerance, and conscience--that underpin these often heated debates. The distillation of Richards's thirty-year advocacy for the rights of gays and lesbians, his book provides a reflective treatise on basic human rights that touch all of our lives. He places in context two key Supreme Court cases: the 1986 Bowers v. Hardwick decision, and the 2003 Lawrence v. Texas decision which overturned it. Drawing upon his own experiences as a gay man, Richards interweaves personal observations with philosophical, political, judicial, and psychological insights to make a case that gays should be entitled to the same rights and protections that every American enjoys.--From publisher description.
Author: Walter Frank Publisher: Rutgers University Press ISBN: 0813568722 Category : Law Languages : en Pages : 249
Book Description
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.
Author: Nancy D. Polikoff Publisher: Beacon Press ISBN: 0807044342 Category : Social Science Languages : en Pages : 351
Book Description
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.