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
Page : 221 pages
File Size : 52,7 Mb
Release : 2010-02-15
Category : Law
ISBN : 9780226451039

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The Gay Rights Question in Contemporary American Law by Andrew Koppelman Pdf

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
Page : 128 pages
File Size : 45,7 Mb
Release : 2002-07-01
Category : Law
ISBN : 0613911148

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Gay Rights Question In Contemporary American Law by Andrew Koppelman Pdf

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
Page : 372 pages
File Size : 40,8 Mb
Release : 2003-06-09
Category : Law
ISBN : 0521012147

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Gay Rights and American Law by Daniel R. Pinello Pdf

Table of contents

Strangers to the Law

Author : Lisa Melinda Keen,Suzanne Beth Goldberg
Publisher : University of Michigan Press
Page : 285 pages
File Size : 42,5 Mb
Release : 2000-05-23
Category : Law
ISBN : 9780472086450

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Strangers to the Law by Lisa Melinda Keen,Suzanne Beth Goldberg Pdf

DIVDescribes the legal challenge to the Colorado anti-gay civil rights initiative /div

Same Sex, Different States

Author : Andrew Koppelman
Publisher : Yale University Press
Page : 222 pages
File Size : 46,5 Mb
Release : 2006-01-01
Category : Social Science
ISBN : 9780300135138

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Same Sex, Different States by Andrew Koppelman Pdf

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.

Identity and the Case for Gay Rights

Author : David A. J. Richards
Publisher : University of Chicago Press
Page : 247 pages
File Size : 51,5 Mb
Release : 1999
Category : Law
ISBN : 9780226712093

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Identity and the Case for Gay Rights by David A. J. Richards Pdf

1. THE RACIAL ANALOGY

Created Equal

Author : Michael Nava,Robert Dawidoff
Publisher : St. Martin's Griffin
Page : 167 pages
File Size : 44,6 Mb
Release : 2014-12-16
Category : Social Science
ISBN : 9781466887398

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Created Equal by Michael Nava,Robert Dawidoff Pdf

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

Author : H.N. Hirsch
Publisher : Routledge
Page : 301 pages
File Size : 43,9 Mb
Release : 2020-03-25
Category : Law
ISBN : 9781135422714

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The Future of Gay Rights in America by H.N. Hirsch Pdf

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.

Marriage and Same-Sex Unions

Author : Lynn D. Wardle,Mark Strasser,William C. Duncan,David Orgon Coolidge
Publisher : Bloomsbury Publishing USA
Page : 409 pages
File Size : 46,5 Mb
Release : 2003-04-30
Category : Political Science
ISBN : 9780313016226

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Marriage and Same-Sex Unions by Lynn D. Wardle,Mark Strasser,William C. Duncan,David Orgon Coolidge Pdf

This book exemplifies the high quality of thoughtful discussion and debate that is possible on the issue of same-sex marriage. Authors are paired to address and respond to a particular topic, one in favor of state recognition of same-sex relationships, and one in favor of limiting state recognition to those relationships that have been traditionally recognized as marriages. Proposals to legalize same-sex marriage evoke strong response from those on both sides of the debate. Much has been written about the legal policy issues over the legal recognition of same-sex unions in the United States, yet there has been little dialogue and exchange between participants in the debate. This book attempts to open that dialogue, and to exemplify the high quality of thoughtful discussion and debate that is possible. Authors are paired to address and respond to a particular topic, one in favor of state recognition of same-sex relationships and one in favor of limiting state recognition to those relationships that have been traditionally recognized as marriages. This ideal introduction is designed to lead the reader through the relevant issues, progressing from the general to the particular. Debates are contextualized, offering comparative, historical, and family-policy perspectives, asking fundamental questions such as what is the purpose of a family, and what interests, if any, that state has in promoting a particular type of family over others. Issues of jurisprudence and political philosophy are examined, addressing the public benefits of marriage and equal treatment before the law, among other items. The constitutionality of same-sex marriage or domestic partnership policies is explored. Finally, this book covers the broad implications when states—such as Vermont—legally recognize same-sex unions, and the impact of international recognition of same-sex marriage rights.

Contemporary Debates in Applied Ethics

Author : Andrew I. Cohen,Christopher Heath Wellman
Publisher : John Wiley & Sons
Page : 601 pages
File Size : 45,6 Mb
Release : 2014-01-14
Category : Science
ISBN : 9781118479872

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Contemporary Debates in Applied Ethics by Andrew I. Cohen,Christopher Heath Wellman Pdf

Now in an updated edition with fresh perspectives on high-profile ethical issues such as torture and same-sex marriage, this collection pairs cogently argued essays by leading philosophers with opposing views on fault-line public concerns. Revised and updated new edition with six new pairs of essays on prominent contemporary issues including torture and same-sex marriage, and a survey of theories of ethics by Stephen Darwall Leading philosophers tackle colleagues with opposing views in contrasting essays on core issues in applied ethics An ideal semester-length course text certain to generate vigorous discussion

Gay and Lesbian Rights

Author : Richard Peddicord
Publisher : Rowman & Littlefield
Page : 228 pages
File Size : 51,6 Mb
Release : 1996
Category : Law
ISBN : 1556127596

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Gay and Lesbian Rights by Richard Peddicord Pdf

'This book is unique in setting the question of homosexuality in its historical, legal, political, and religious contexts in North America. It is no longer possible in Catholic ethics to address sexual morality with a model of absolute moral norms, immune from the ambiguities and complexities social justice issues introduce. Peddicord looks at the personal and social sides of homosexuality, and fairly examines all sides of the Roman Catholic response.' --Lisa Sowle Cahill, Boston College

Queers in Court

Author : Susan Gluck Mezey
Publisher : Rowman & Littlefield Publishers
Page : 291 pages
File Size : 40,5 Mb
Release : 2007-03-27
Category : Law
ISBN : 9780742568525

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Queers in Court by Susan Gluck Mezey Pdf

In Queers in Court, Susan Gluck Mezey examines the contemporary battle for gay and lesbian rights in the United States, tracing the evolution of issues from same sex marriage and privacy rights to military service and employment discrimination. By combining analyses of nearly three hundred cases from both federal and state courts with detailed explorations of the paths these issues have taken through legislative and executive bodies, she provides the most comprehensive analysis of queer rights in law and policy to date.

Dishonorable Passions

Author : William N. Eskridge
Publisher : Penguin
Page : 536 pages
File Size : 40,5 Mb
Release : 2008
Category : History
ISBN : 0670018627

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Dishonorable Passions by William N. Eskridge Pdf

A history of the government's regulation of sexual behavior traces the historical purposes behind the prohibition against sodomy in early America and continues with a discussion of how the law was referenced in different contexts in later years, covering such topics as the McCarthy era, the sexual revolution of the 1960s, and the 2003 Supreme Court decision to decriminalize private sex between consenting adults. 20,000 first printing.

De-Moralizing Gay Rights

Author : Cyril Ghosh
Publisher : Springer
Page : 112 pages
File Size : 47,7 Mb
Release : 2018-05-18
Category : Political Science
ISBN : 9783319788401

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De-Moralizing Gay Rights by Cyril Ghosh Pdf

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.

A Year at the Supreme Court

Author : Neal Devins,Davison M. Douglas
Publisher : Duke University Press
Page : 257 pages
File Size : 45,8 Mb
Release : 2004-10-13
Category : Law
ISBN : 9780822385950

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A Year at the Supreme Court by Neal Devins,Davison M. Douglas Pdf

The United States Supreme Court’s 2002–03 term confounded Court watchers. The same Rehnquist Court that many had seen as solidly conservative and unduly activist—the Court that helped decide the 2000 presidential election and struck down thirty-one federal statutes since 1995—issued a set of surprising, watershed rulings. In a term filled with important and unpredictable decisions, it upheld affirmative action, invalidated a same-sex sodomy statute, and reversed a death sentence due to ineffective assistance of counsel. With essays focused on individual Justices, Court practices, and some of last year’s most important rulings, this volume explores the meaning and significance of the Court’s 2002–03 term. Seasoned Supreme Court advocates and journalists from The New Republic, The Los Angeles Times, Newsweek, National Journal, Slate, and Legal Times grapple with questions about the Rehnquist Court’s identity and the Supreme Court’s role in the political life of the country. Some essays consider the role of “swing” Justices Sandra Day O’Connor and Anthony Kennedy within a Court that divides 5–4 more than any other group of Justices in the nation’s history. Others examine the political reaction to and legal context of the Court’s Lawrence v. Texas decision declaring a Texas law criminalizing homosexual sodomy unconstitutional. Contributors analyze the Court’s rulings on affirmative action and reassess its commitment to states’ rights. Considering the Court’s practices, one advocate explores the use and utility of amicus curiae, or “friend of the court” briefs, while another reflects on indications of an increased openness by the Court to public scrutiny. Two advocates who argued cases before the Court—one related to hate speech and the other to a “three strikes and you’re out” criminal statute—offer vivid accounts of their experiences. Intended for general readers, A Year at the Supreme Court is for all those who want to understand the Rehnquist Court and its momentous 2002–03 term. Contributors Erwin Chemerinsky Neal Devins Davison M. Douglas David J. Garrow Dahlia Lithwick Tony Mauro Carter Phillips Ramesh Ponnuru Jeffrey Rosen David G. Savage Rodney A. Smolla Stuart Taylor Jr.