Law and the Gay Rights Story

Law and the Gay Rights Story

Author: Walter Frank

Publisher: Rutgers University Press

Published: 2014-08-05

Total Pages: 249

ISBN-13: 0813568722

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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.


Gay Rights and Moral Panic

Gay Rights and Moral Panic

Author: F. Fejes

Publisher: Springer

Published: 2016-02-25

Total Pages: 286

ISBN-13: 023061468X

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Using the 1977 campaign against the Dade County Florida gay rights ordinance as a focal point, this book provides an examination of the emergence of the modern lesbian and gay American movement, the challenges it posed to the accepted American notions of sexuality, and how American society reacted in turn.


Created Equal

Created Equal

Author: Michael Nava

Publisher: St. Martin's Griffin

Published: 2014-12-16

Total Pages: 197

ISBN-13: 1466887397

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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.


The Future of Gay Rights in America

The Future of Gay Rights in America

Author: H.N. Hirsch

Publisher: Routledge

Published: 2020-03-25

Total Pages: 318

ISBN-13: 1135422710

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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.


Gay and Lesbian Rights in the United States

Gay and Lesbian Rights in the United States

Author: Walter L. Williams

Publisher: Greenwood

Published: 2003

Total Pages: 376

ISBN-13:

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An anthology of primary documents for high-school and college students who are studying or debating the issues of gay and lesbian rights in America, dating from colonial times to the present.


Wedlocked

Wedlocked

Author: Katherine Franke

Publisher: NYU Press

Published: 2015-11-06

Total Pages: 287

ISBN-13: 1479815748

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Compares today’s same-sex marriage movement to the experiences of black people in the mid-nineteenth century. The staggering string of victories by the gay rights movement’s campaign for marriage equality raises questions not only about how gay people have been able to successfully deploy marriage to elevate their social and legal reputation, but also what kind of freedom and equality the ability to marry can mobilize. Wedlocked turns to history to compare today’s same-sex marriage movement to the experiences of newly emancipated black people in the mid-nineteenth century, when they were able to legally marry for the first time. Maintaining that the transition to greater freedom was both wondrous and perilous for newly emancipated people, Katherine Franke relates stories of former slaves’ involvements with marriage and draws lessons that serve as cautionary tales for today’s marriage rights movements. While “be careful what you wish for” is a prominent theme, they also teach us how the rights-bearing subject is inevitably shaped by the very rights they bear, often in ways that reinforce racialized gender norms and stereotypes. Franke further illuminates how the racialization of same-sex marriage has redounded to the benefit of the gay rights movement while contributing to the ongoing subordination of people of color and the diminishing reproductive rights of women. Like same-sex couples today, freed African-American men and women experienced a shift in status from outlaws to in-laws, from living outside the law to finding their private lives organized by law and state licensure. Their experiences teach us the potential and the perils of being subject to legal regulation: rights—and specifically the right to marriage—can both burden and set you free.


Beyond Straight and Gay Marriage

Beyond Straight and Gay Marriage

Author: Nancy D. Polikoff

Publisher: Beacon Press

Published: 2008

Total Pages: 284

ISBN-13: 9780807044322

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Part of the Queer Ideas series, edited by Michael Bronski QUEER IDEAS-a new series of LGBT hardcovers that address important intellectual questions facing the movement. 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. "A much-needed intervention in the contemporary debate about marriage and family. Polikoff's argument is provocative, illuminating, and original." -John D'Emilio, author of Lost Prophet: The Life and Times of Bayard Rustin "Polikoff mobilizes an impressive array of legal history and contemporary court cases to show how marriage, whether same-sex or heterosexual, has ceased to be the only place where people incur long-term obligations. She argues vigorously that our society needs to find new ways of determining when legally-enforceable responsibilities and entitlements have accrued in interpersonal relationships." -Stephanie Coontz, author, Marriage, A History: How Love Conquered Marriage "This book really matters. It is brilliant and thoughtful, not simply about a set of laws, but as a manifesto to transform the way we understand, recognize and respect the reality of our diverse and complex family compositions. Polikoff grounds her arguments in the 35 year history of social change activism in this country to construct a passionate and nuanced argument for expanding our same sex marriage activism to include all of the ways people love, form families and build community." -Amber Hollibaugh, Senior Strategist, National Gay and Lesbian Task Force, and author of My Dangerous Desires: A Queer Girl Dreaming her Way Home "Passionate but completely grounded in reality, Polikoff challenges LGBT rights advocates to see beyond gay equality arguments and question the fundamental fairness of limiting family recognition based on marriage, gay or straight. It is a powerful call for social justice." -Nan D. Hunter, founder of the American Civil Liberties Union Lesbian Gay Bisexual Transgender Project and Professor of Law, Brooklyn Law School "A provocative and perspicuous intervention in one of the most devilish recent debates in U.S. law and politicshellip;In a principled yet pragmatic analysis, Polikoff mounts a compelling case against the continued grip of 'conjugalism'on our family law and policy. Beyond (Straight and Gay) Marriage challenges us


The Long Arc of Justice

The Long Arc of Justice

Author: Richard Mohr

Publisher: Columbia University Press

Published: 2007-05

Total Pages: 157

ISBN-13: 0231135211

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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.


Gay Rights Vs. Religious Liberty?

Gay Rights Vs. Religious Liberty?

Author: Andrew Koppelman

Publisher:

Published: 2020

Total Pages: 215

ISBN-13: 0197500986

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Koppelman offers a solution to the bitterly polarizing gay rights/religious liberty conflict. This is the only book that lays out the interests that must be balanced in any decent compromise, in terms that both sides can recognize and appreciate. Koppelman explains the basis of antidiscrimination law, including the complex idea of dignitary harm. He shows why even those who do not regard religion as important or valid nonetheless have good reasons to support religious liberty, and why those who regard religion as a value of overriding importance should nonetheless reject the extravagant power over nonbelievers that the Supreme Court has recently embraced.