Williams Institute Reading Room: Lesbian, Gay, Bisexual and Transgender Resources in Law and Public Policy: LGBT Law

This Nutshell presents a very timely overview of legal topics relating to sexual orientation, gender identity and the law. Topics covered include: regulation of sexuality, gender identity and expression, parenthood, marriage, United States military, nondiscrimination statutes and ordinances, freedom of expression, freedom of association, and religious freedom. Discussion includes developments at the federal, state and local level. Statutes discussed include Title VII of the Civil Rights Act of 1964; Title IX; the Fair Housing Act; the Affordable Care Act; Don't Ask, Don't Tell; Defense of Marriage Act, as well as some of the anti-gay rights measures that have been adopted in various statutes such as North Carolina.

Two volumes. Also on Westlaw (SEXORIENT) (ID/password required for Westlaw)

A Bloomberg BNA treatise; with the assistance of The National LGBT Bar Association and its Executive Director D'Arcy Kemnitz. *See chapters by Williams Executive Director Brad Sears and Senior Counsel Christy Mallory: Chapter 40, Employment Discrimination Against LGBT People: Existence and Impact; and Chapter 41: How LGBT-Related Workplace Policies Can Have a Positive Impact on the Corporate Bottom Line.

This new edition of Estate Planning for Same-Sex Couples by award-winning author Joan M. Burda attempts to address certain struggles for equality and how these issues affect estate planning for LGBT clients. For example, not all same-sex couples get married. This book will help lawyers better represent their clients as they address the present as well as future needs of their clientele.

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For readers concerned about LGBTQ rights and the history of U.S. citizenship policies, get the book that Booklist says is "insightful" and "an accessible human story with a happy ending." The January 2018 headline story in the Los Angeles Times was riveting. Andrew from the United States and Elad Dvash-Banks from Israel married in Canada in 2010 when gay couples could not marry in these countries. The couple conceived fraternal twins, Aiden and Ethan, with a Canadian surrogate by means of egg and sperm donation. The two boys were born just four minutes apart. Aiden was conceived with a donated egg and Andrew's sperm cell, and Ethan was conceived with a donated egg (from the same woman) and Elad's sperm cell. Andrew and Elad wished to raise their children in the United States, but when they arrived at the American Consulate in Toronto to apply for citizenship, a staff member fired off a series of "shocking" and humiliating questions, and informed the couple of her authority to require a DNA test to determine each parents' relatedness to each twin--she warned that without these tests neither twin would be granted US citizenship. Andrew and Elad knew which twin each had fathered and had planned on keeping this information confidential. They knew this because DNA analyses had already been performed, but the consulate insisted that these costly tests be repeated using their designated laboratory. Having no alternative, DNA testing was arranged, and results submitted to the consulate. Soon, two envelopes arrived at their home, bearing both welcome and dreaded news: United States citizenship was offered to Aiden, whose father was a US citizen, but not to Ethan, whose father was Israeli. And, thus, their ground-breaking legal journey began. The couple's high-profile lawsuit nearly reached the US Supreme Court, capturing worldwide attention along the way. Nancy Segal brings the story to life through firsthand accounts of each father's life history and analysis of the legal intricacies that threatened to deny US citizenship to one of their twin sons.

Provides a variety of queer, interdisciplinary interventions upon the social and legal regulation of sex, gender, reproduction, and family. In Enticements, an exceptional group of interdisciplinary scholars comes together to contribute to the field of Queer Legal Studies. The essays investigate a wildly proliferating assortment of genders, sexualities, and intimacies, questioning how they have been regulated, criminalized, or privileged by law and other regulatory forces. Enticements expands and expounds on the discipline of queer legal studies. Contributors focus on a wide range of sex/gender regulatory regimes, interrogating the use and abuse of queer history for impact litigation and social change, colonial and postcolonial sex laws otherwise obscured by the modern LGBT paradigm of sexual identity, and the policing of trans and cis men. Moving beyond a focus on LGBT identities, contributors consider limits to reproductive freedom, the Christianization of social justice movements, and the politicization of care within and across Black and feminist studies. Accessible and forward-looking, Enticements consolidates and emboldens queer legal studies as a critical, necessary field for the historical present.

In 2003 the US Supreme Court overturned anti-sodomy laws across the country, ruling in Lawrence v. Texas that the Constitution protects private consensual sex between adults. To some, the decision seemed to come like lightning from above, altering the landscape of America's sexual politics all at once. In actuality, many years of work and organizing led up to the legal case, and the landmark ruling might never have happened were it not for the passionate struggle of Texans who rejected their state's discriminatory laws. Before Lawrence v. Texas tells the story of the long, troubled, and ultimately hopeful road to constitutional change. Wesley G. Phelps describes the achievements, setbacks, and unlikely alliances along the way. Over the course of decades, and at great risk to themselves, gay and lesbian Texans and their supporters launched political campaigns and legal challenges, laying the groundwork for Lawrence. Phelps shares the personal experiences of the people and couples who contributed to the legal strategy that ultimately overturned the state's discriminatory law. Even when their individual court cases were unsuccessful, justice seekers and activists collectively influenced public opinion by insisting that their voices be heard. Nine Supreme Court justices ruled, but it was grassroots politics that vindicated the ideal of equality under the law.

Today, about half of all adults are unmarried. Many of those are in significant relationships--some intimate, others based in friendship, finances, or family ties--but the law offers them few protections. Amid the growing recognition that modern families take all shapes, More Than Marriage presents a refreshing vision for the future. With this book, noted family-law expert John G. Culhane takes us on a guided tour of how the march toward marriage equality spun off a number of other legal statuses, and explores how the law has expanded and where it falls short. This lively living history is grounded in relatable, in-depth interviews that give voice to the millions of Americans building family structures outside the protections of marriage--whether by choice, necessity, or exclusion. Culhane proposes an updated legal status that offers flexible and portable benefits for a diverse range of commitments and needs. As More Than Marriage shows, this "choose your own adventure" structure more accurately reflects, and more equitably protects, the many kinds of families we choose to build.

This multidisciplinary volume brings together experienced expert witnesses and immigration attorneys to highlight best practices and strategies for giving expert testimony in asylum cases. As the scale and severity of violence in Latin America has grown in the last decade, scholars and attorneys have collaborated to defend the rights of immigrant women, children, and LGBTQ+ persons who are threatened by gender-based, sexual, and gang violence in their home countries. Researchers in anthropology, history, political science, and sociology have regularly supported the work of immigration lawyers and contributed to public debates on immigration reform, but the academy contains untapped scholarly expertise that, guided by the resources provided in this handbook, can aid asylum seekers and refugees and promote the fair adjudication of asylum claims in US courts. As the recent refugee crisis of immigrant mothers and children and unaccompanied minors has made clear, there is an urgent need for academics to work with other professionals to build a legal framework and national network that can respond effectively to this human rights crisis.
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Justice After Stonewall is an interdisciplinary analysis of challenges and progress experienced by the LGBT community since the Stonewall riots in 1969. The riots (sparked by a police raid in New York City) are a milestone in LGBT history. Within a short time, a new feeling of confidence emerged, manifested in new LGBT organisations and the first Pride marches. Legal and social change followed: from the decriminalisation of homosexual activities to anti-discrimination laws and the legalisation of same-sex marriage. This makes it tempting to think of modern LGBT history as an unequivocal success story. But progress was not achieved everywhere: in 70 States, same-sex relations are still criminalised; violence against LGBT persons still occurs, and transgender people still struggle to have their rights recognised. The question whether the path since Stonewall represents success or failure cannot be answered by one discipline alone. This book breaks new ground by bringing together experts from politics, sociology, law, education, language, medicine and religion to discuss fields as diverse as same-sex marriage, transgender students, the LGBT movement in Uganda and LGBT migrants in the Arabian Peninsula, conversion 'therapy', and approaches to LGBT matters in Judaism, Christianity and Islam. What emerges is a rich tapestry of LGBT life today and its consideration from numerous perspectives. Based on thorough research, this book is an ideal text for students and scholars exploring LGBT matters. At the same time, its engaging style makes it a particularly valuable resource for anyone with an interest in LGBT matters and their reception in today's world.
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On June 15, 2020, the Supreme Court ruled in Bostock v. Clayton County, in a 6-to-3 decision with a majority opinion authored by conservative Justice Neil Gorsuch, that Title VII of the Civil Rights Act of 1964 prohibited employment discrimination on the basis of gender identity and sexual orientation. The decision was a surprise to many, if not most, observers, but as Jason Pierceson explores in this work, it was not completely unanticipated. The decision was grounded in a recent but well-developed shift in federal jurisprudence on the question of LGBTQ+ rights that occurred around 2000, with gender identity claims faring better in federal court after decades of skepticism. The most important precedent for these cases was a 1989 Supreme Court case that did not deal directly with LGBTQ+ rights: Price Waterhouse v. Hopkins. The court ruled in Price Waterhouse that "sex stereotyping" is a form of discrimination under Title VII, a provision that prohibits discrimination in employment based upon sex. Ann Hopkins was a cisgender, heterosexual woman who was denied a promotion at her accounting firm for being too "masculine." At the time of the decision, and in the wake of the devastating decision for the LGBTQ+ movement in Bowers v. Hardwick (1986), the case was not viewed as creating a strong precedential foundation for LGBTQ+ rights claims, especially claims based upon sexual orientation. Even in the context of gender identity, the connection was not made to the emerging movement for transgender rights until a decade later. In the 2000s, however, federal courts were consistently applying the case to protect transgender individuals. While not the result of coordinated litigation, nor initially connected to the LGBTQ+ rights movement, Price Waterhouse has been one of the most important and powerful precedents in recent years outside of the marriage equality cases. Before Bostock tells the story of how this "accidental" precedent evolved into such a crucial case for contemporary LGBTQ+ rights. Pierceson examines the groundbreaking Supreme Court decision of Bostock v. Clayton County through the legal path created by Title VII of the Civil Rights Act of 1964 and the interpretation of the word "sex" over time. Focusing on history, courageous LGBTQ+ plaintiffs, and the careful work of legal activists, Before Bostock illustrates how the courts can expand LGBTQ+ rights when legislators are more resistant, and it adds to our understanding about contemporary judicial policymaking in the context of statutory interpretation.
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Two LGBTQ affirmative US Supreme Court Rulings occurred in the second decade of the twenty-first century: the 2015 Obergefell ruling in support of same sex marriage, and the 2020 Bostock decision ruling that discrimination on the basis of sexual orientation and gender identity is prohibited by Title VII. In The Politicization of Trans Identity: An Analysis of Backlash, Scapegoating, and Dog-Whistling from Obergefell to Bostock, Loren Cannon critiques the opinions of the court in both cases. Cannon carefully presents the evidence that transgender identity itself has become politicized post Obergefell and provides a thorough consideration of the ramifications of this politicization across the nation, especially in the form of proposed legislation and violence. Cannon argues that the politicization of trans identity can rightfully be understood as a backlash response to the Obergefell decision and increased LGBTQ equality. According to Cannon, aspects of the politicization can be characterized as scapegoating and as dog-whistling. This book offers unique contributions to the understanding of these ideas, including a creative application of Rene Girard's theory of scapegoating. Lastly, Cannon argues that conceptually, virtue signaling needs to be paired with dog-whistling to have the political result that the whistler intends.

Mad River, Marjorie Rowland, and the Quest for LGBTQ Teachers' Rights addresses an important legal case that set the stage for today's LGBTQ civil rights-a case that almost no one has heard of. Marjorie Rowland v. Mad River School District involves an Ohio guidance counselor fired in 1974 for being bisexual. Rowland's case made it to the U.S. Supreme Court, but the justices declined to consider it. In a spectacular published dissent, Justice Brennan laid out arguments for why the First and Fourteenth Amendments apply to bisexuals, gays, and lesbians. That dissent has been the foundation for LGBTQ civil rights advances since. In the first in-depth treatment of this foundational legal case, authors Margaret A. Nash and Karen L. Graves tell the story of that case and of Marjorie Rowland, the pioneer who fought for employment rights for LGBTQ educators and who paid a heavy price for that fight. It brings the story of LGBTQ educators' rights to the present, including commentary on Bostock v Clayton County, the 2020 Supreme Court case that struck down employment discrimination against LGBT workers.
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Family law is a site of social conflict and the erasure of non-traditional families. This book explores how conservative religious and progressive queer groups can cooperatively work together to expand family law's recognition beyond the traditional state-sponsored family. Various religious groups have shown an interest in promoting alternative family structures. For example, certain Muslim and Mormon communities have advocated for polygamy, thereby aligning with queer groups' interest in overcoming the engrafting of monogamy into state law. Advocacy by North American religious conservatives for reforms in favor of non-conjugal families and against same-sex marriage overlaps with certain queer efforts to legitimize friendships and non-traditional families more generally. This book explores these potential areas of queer and religious political cooperation--including limitations and principled reservations to such cooperation. It then looks at additional future arenas of queer and religious political cooperation going beyond family law.
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Survivors of conversion practices - interventions meant to stop gender transition - have likened the process to torture. Florence Ashley rethinks and pushes forward the banning of these practices by surveying these bans in different jurisdictions, and addressing key issues around their legal regulation. Ashley also investigates the advantages and disadvantages of legislative approaches to regulating conversion therapies, and provides guidance for how prohibitions can be improved. Finally, Ashley offers a carefully annotated model law that provides detailed guidance for legislatures and policymakers. Most importantly, this book centres the experiences of trans people themselves in its analysis and recommendations.

This book maps various national legal responses to gender mobility, including sex and name registration, access to gender modification interventions, and anti-discrimination protection (or lack thereof) and regulations. The importance of the underlying legislation and history is underlined in order to understand the law's functions concerning discrimination, exclusion, and violence, as well as the problematic nature of introducing biology into the regulation of human relations, and using it to justify pain and suffering. The respective chapters also highlight how various governmental authorities, as well as civil society, have been integral in fostering or impeding the welfare of trans persons, from judges and legislators, to medical commissions and law students. A collective effort of scholars scattered around the globe, this book recognizes the international trend toward self-determination in sex classification and a generous guarantee of rights for individuals expressing diverse gender identities. The book advocates the dissemination of a model for the protection of rights that not only focuses on formal equality, but also addresses the administrative obstacles that trans persons face in their daily lives. In addition, it underscores the importance of courts in either advancing or obstructing the realization of individual rights.

The riveting story of the conflict over same-sex marriage in the United States-the most significant civil rights breakthrough of the new millennium. "Full of intimate details, battling personalities, heated court cases, public persuasion."-John Williams, The New York Times. On June 26, 2015, the U.S. Supreme Court ruled that state bans on gay marriage were unconstitutional, making same-sex unions legal across the United States. But the road to that momentous decision was much longer than many know. In this definitive account, Sasha Issenberg vividly guides us through same-sex marriage's unexpected path from the unimaginable to the inevitable. It is a story that begins in Hawaii in 1990, when a rivalry among local activists triggered a sequence of events that forced the state to justify excluding gay couples from marriage. In the White House, one president signed the Defense of Marriage Act, which elevated the matter to a national issue, and his successor tried to write it into the Constitution. Over twenty-five years, the debate played out across the country, from the first legal same-sex weddings in Massachusetts to the epic face-off over California's Proposition 8 and, finally, to the landmark Supreme Court decisions of United States v. Windsor and Obergefell v. Hodges. From churches to hedge funds, no corner of American life went untouched. This richly detailed narrative follows the coast-to-coast conflict through courtrooms and war rooms, bedrooms and boardrooms, to shed light on every aspect of a political and legal controversy that divided Americans like no other. Following a cast of characters that includes those who sought their own right to wed, those who fought to protect the traditional definition of marriage, and those who changed their minds about it, The Engagement is certain to become a seminal book on the modern culture wars.

This book investigates the dynamics between international incitement prohibitions and international standards on freedom of religious speech, with a special focus on the potential incitement prohibitions for the protection of the rights of LGBT+ people. To that end, the book seeks to determine if and to what extent sexual orientation and gender identity are protected grounds under international anti-incitement law. Building on that analysis, the book also delves deeper into the particularly controversial and complex issue of religiously-motivated speech against LGBT+ people, a phenomenon engaging both religious speech rights and equality and other rights of LGBT+ people. Drawing on recent international law benchmarking in the area of incitement and complementing this with extensive comparative legal analysis, best practice lessons are presented on how to calibrate free religious expression and the protection of LGBT rights in the pluralist state. Among other findings, the present research rejects a sweeping a prioritrump in the form of a 'scripture defence' against incitement charges, but rather recommends a context-based risk assessment of speech acts potentially affecting the rights of LGBT+ people.

In Sorting Sexualities, Stefan Vogler deftly unpacks the politics of the techno-legal classification of sexuality in the United States. His study focuses specifically on state classification practices around LGBTQ people seeking asylum in the United States and sexual offenders being evaluated for carceral placement--two situations where state actors must determine individuals' sexualities. Though these legal settings are diametrically opposed--one a punitive assessment, the other a protective one--they present the same question: how do we know someone's sexuality? In this rich ethnographic study, Vogler reveals how different legal arenas take dramatically different approaches to classifying sexuality and use those classifications to legitimate different forms of social control. By delving into the histories behind these diverging classification practices and analyzing their contemporary reverberations, Vogler shows how the science of sexuality is far more central to state power than we realize.

Rewriting the Supreme Court's landmark gay rights decision Jack Balkin and an all-star cast of legal scholars, sitting as a hypothetical Supreme Court, rewrite the famous 2015 opinion in Obergefell v. Hodges, which guaranteed same-sex couples the right to marry. In eleven incisive opinions, the authors offer the best constitutional arguments for and against the right to same-sex marriage, and debate what Obergefell should mean for the future. In addition to serving as Chief Justice of this imaginary court, Balkin provides a critical introduction to the case. He recounts the story of the gay rights litigation that led to Obergefell, and he explains how courts respond to political mobilizations for new rights claims. The social movement for gay rights and marriage equality is a powerful example of how--through legal imagination and political struggle--arguments once dismissed as "off-the-wall" can later become established in American constitutional law.
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The definitive history of the marriage equality debate in the United States, praised by Library Journal as "beautifully and accessibly written. . . . An essential work." "Comprehensive, thought-provoking, and compelling." --Alphonso David, President of the Human Rights Campaign.
As a legal scholar who first argued in the early 1990s for a right to gay marriage, William N. Eskridge Jr. has been on the front lines of the debate over same-sex marriage for decades. In this book, Eskridge and his coauthor, Christopher R. Riano, offer a panoramic and definitive history of America's marriage equality debate. The authors explore the deeply religious, rabidly political, frequently administrative, and pervasively constitutional features of the debate and consider all angles of its dramatic history. While giving a full account of the legal and political issues, the authors never lose sight of the personal stories of the people involved, or of the central place the right to marry holds in a person's ability to enjoy the dignity of full citizenship. This is not a triumphalist or one-sided book but a thoughtful history of how the nation wrestled with an important question of moral and legal equality.
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Throughout U.S. history, lesbian, gay, bisexual, transgender, and queer (LGBTQ) people have been pathologized, victimized, and criminalized. Reports of lynching, burning, or murdering of LGBTQ people has been documented for centuries Prior to the 1970s, LGBTQ people were deemed as having psychological disorders and subsequently subject to electroshock therapy and other ineffective and cruel treatments. LGBTQ people have historically been arrested or imprisoned for crimes like sodomy, cross-dressing, and gathering in public spaces. And while there have been many strides to advocate for LGBTQ rights in contemporary times, there are still many ways that the criminal justice system works against LGBTQ and their lives, liberties, and freedoms. Queering Law and Order: LGBTQ Communities and Fight for Justice examines the state of LGBTQ people within the criminal justice system. Intertwining legal cases, academic research, and popular media, the author reviews a wide range of issues - ranging from historical heterosexist and transphobic legislation to police brutality to the prison industrial complex to family law. Grounded in Queer Theory and intersectional lenses, each chapter provides recommendations for queering and disrupting the justice system. The book serves as both an academic resource and a call to action for readers who are interested in advocating for LGBTQ rights.

Should religious people who conscientiously object to facilitating same-sex weddings, and who therefore decline to provide cakes, photography, or other services, be exempted from antidiscrimination laws? This issue has taken on an importance far beyond the tiny number who have made such claims. Gay rights advocates fear that exempting even a few religious dissenters would unleash a devastating wave of discrimination. Conservative Christians fear that the law will treat them like racists and drive them to the margins of American society. Both sides are mistaken. The answer lies, not in abstract principles, but in legislative compromise. This book clearly and empathetically engages with both sides of the debate. 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 even 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. Koppelman also proposes a specific solution to the problem: that religious exemptions be granted only to the few businesses that are willing to announce their compunctions and bear the costs of doing so. His approach makes room for America's enormous variety of deeply held beliefs and ways of life. It can help reduce the toxic polarization of American politics.

This innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents wide-ranging insights and debates from across the globe, including Africa, Asia, Eastern Europe and Australia, with contributions from leading scholars and activists alongside exciting emergent voices.Chapters address a range of current arguments and issues, providing an enhanced theoretical framework and evolving understanding from a variety of feminist and queer perspectives. Relationship recognition debates and LGBT activism and scholarship are examined and discussed, as well as questions around bodily autonomy, kink identities, pornography and healthcare access rights. Research exploring the lived experiences of people facing challenges such as domestic violence, asylum, femicide and hate crime is also assessed.This Research Handbook will be an invaluable resource for researchers and students in the fields of law, sexuality and gender, as well as family studies, sociology, media and cultural studies, and medicine. Activists will also benefit from its scholarly insight into key policy debates and future strategy.
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Historically, critics of interracial, interfaith, and most recently same-sex marriage have invoked conscience and religious liberty to defend their objections, and often they have been accused of bigotry. Although denouncing and preventing bigotry is a shared political value with a long history, people disagree over who is a bigot and what makes a belief, attitude, or action bigoted. This is evident from the rejoinder that calling out bigotry is intolerant political correctness, even bigotry itself. In Who's the Bigot?, the eminent legal scholar Linda C. McClain traces the rhetoric of bigotry and conscience across a range of debates relating to marriage and antidiscrimination law. Is "bigotry" simply the term society gives to repudiated beliefs that now are beyond the pale? She argues that the differing views people hold about bigotry reflect competing understandings of what it means to be "on the wrong side of history" and the ways present forms of discrimination resemble or differ from past forms. Furthermore, McClain shows that bigotry has both a backward- and forward-looking dimension. We not only learn the meaning of bigotry by looking to the past, but we also use examples of bigotry, on which there is now consensus, as the basis for making new judgments about what does or does not constitute bigotry and coming to new understandings of both injustice and justice. By examining charges of bigotry and defenses based on conscience and religious belief in these debates, Who's the Bigot? makes a novel and timely contribution to our understanding of the relationship between religious liberty and discrimination in American life.
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This edited collection provides a forum for rigorous analysis of the necessity for both legal and social change with regard to regulation of same-sex relationships and rainbow families, the status of civil partnership as a concept and the lived reality of equality for LGBTQ+ persons. Twenty-eight jurisdictions worldwide have now legalised same-sex marriage and many others some level of civil partnership. In contrast other jurisdictions refuse to recognise or even criminalise same-sex relationships. At a Council of Europe level, there is no requirement for contracting states to legalise same-sex marriage. Whilst the Court of Justice of the European Union now requires contracting states to recognise same-sex marriages for the purpose of free movement and residency rights, unlike the US Supreme Court, it does not require EU Member States to legalise same-sex marriage. Law and Sociology scholars from five key jurisdictions (England and Wales, Italy, Australia, Canada, and the Republic of Ireland) examine the role of the Council of Europe, European Union and further international regimes. A balanced approach between the competing views of critically analytical rights based theorists and queer and feminist theorists interrogates the current international consensus in this fast moving area. The incrementalist theory whilst offering a methodology for future advances continues to be critiqued. All contributions from differing perspectives expose that even for those jurisdictions who have legalised same-sex marriage, still further and continuous work needs to be done.

In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country's future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all.
*Also available as a free download from UC Press: Advancing Equality

This book identifies, analyses and discusses the nexus of legal issues that have emerged in recent years around sexuality and gender. It audits these against specific human rights requirements and evaluates the outcomes as evidenced in the legislation and caselaw of six leading common law jurisdictions. Beginning with a snapshot of the legal definitions and sanctions associated with the traditional marital family unit, the book examines the subsequently evolving key concepts and constructs before outlining the contemporary international framework of human rights as it relates to matters of sexuality and gender. It proceeds by identifying a set of themes, including the rights to identity, to form a family, to privacy, to equality and to non-discrimination, and undertakes a comparative evaluation of how these and other themes indicate areas of commonality and difference in the approaches adopted in those common law jurisdictions, as illustrated by the associated legislation and caselaw. It then considers why this should be and assesses the implications.

This book addresses the 'three moments' in lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers' and refugees' efforts to secure protection: The reasons for their flight, the Refugee Status Determination process, and their integration into the host community once they are recognized refugee status. The first part discusses one of the most under-researched areas within the literature devoted to asylum claims based on sexual orientation and gender identity, namely the reasons behind LGBTI persons' flight. It investigates the motives that drive LGBTI persons to leave their countries of origin and seek sanctuary elsewhere, the actors of persecution, and the status quo of LGBTI rights. Accordingly, an intersectional approach is employed so as to offer a comprehensive picture of how a host of factors beyond sexual orientation/gender identity impact this crucial first stage of LGBTI asylum seekers' journey. In turn, the second part explores the challenges that LGBTI asylum seekers face during the RSD process in countries of asylum. It first examines these countries' interpretations and applications of the process in relation to the relevant UNHCR guidelines and questions the challenges including the dominance of Western conceptions and narratives of sexual identity in the asylum procedure, heterogeneous treatment concerning the definition of a particular social group, and the difficulties related to assessing one's sexual orientation within the asylum procedure. It subsequently addresses the reasons for and potential solutions to these challenges. The last part of the book focuses on the integration of LGBTI refugees into the countries of asylum. It first seeks to identify and describe the protection gaps that LGBTI refugees are currently experiencing, before turning to the reasons and potential remedies for them.

Equality is often trampled on by those who believe they are, in varying ways, superior. However, identifying how government systems can protect against discrimination can assist future generations in combating the harsh realities of inequality. Social Jurisprudence in the Changing of Social Norms: Emerging Research and Opportunities delivers a collection of resources dedicated to identifying sexual orientation as a protected legal class like race, color, gender, and religion using innovative research methods and the federalist responses to the LGBT movement. While highlighting topics including judicial review, LGBT politics, and social change framework, this book is ideally designed for policymakers, politicians, academicians, researchers, and students seeking current research on the analysis of legal cases that provide evidence of LGBT citizen marginalization.

The rights of lesbian, gay, bisexual, and transgender persons (LGBT) are strongly contested by certain faith communities, and this confrontation has become increasingly pronounced following the adjudication of a number of legal cases. As the strident arguments of both sides enter a heated political arena, it brings forward the deeply contested question of whether there is any possibility of both communities' contested positions being reconciled under the same law. This volume assembles impactful voices from the faith, LGBT advocacy, legal, and academic communities - from the Human Rights Campaign and ACLU to the National Association of Evangelicals and Catholic and LDS churches. The contributors offer a 360-degree view of culture-war conflicts around faith and sexuality - from Obergefell to Masterpiece Cakeshop - and explore whether communities with such profound differences in belief are able to reach mutually acceptable solutions in order to both live with integrity.

Told in their own voice, this is the story of two women who took their struggle for marriage equality all the way to the Supreme Court--and won. Kris Perry and Sandy Stier are the lead plaintiffs in the team that sued the state of California to restore marriage equality. By 2008, when Californians voted in Proposition 8, banning same-sex marriage, Kris and Sandy had been a couple raising their four sons for almost a decade. Living in Berkeley, they were a modern family, but without the protections of legal marriage. In alternating voices,Love on Trial tells the story of each woman's journey from her 1960s all-American childhood to the US Supreme Court, sharing tales of growing up in rural America, coming out to bewildered parents, falling in love, and finally becoming a family. From wrangling teenagers and careers to hot flashes at the Supreme Court, this book provides an honest, amusing look at a family that landed in the middle of one of the most important civil rights battles of our era.

This book considers how the law should manage conflicts between the right of religious freedom and that of non-discrimination on the grounds of sexual orientation. These disputes are often high-profile and frequently receive a lot of media attention and public debate. Starting from the basis that both these rights are valuable and worthy of protection, but that such disputes are often characterised by animosity, it contends that a proportionality analysis provides the best method for resolving these conflicts. The work takes a comparative approach, examining the law in England and Wales, Canada, and the USA and examines four main areas of law, considering how a proportionality approach could be used in each. The book will be an invaluable resource for students and researchers in the areas of Public Law, Human Rights Law, Law and Religion, Discrimination Law, and Comparative Law.

In Gay Priori Libby Adler offers a comprehensive critique of mainstream LGBT legal agendas in the United States and a new direction for LGBT law reform. Adler shows how LGBT equal rights discourse drives legal advocates toward a narrow array of reform objectives--namely, same-sex marriage, antidiscrimination protections, and hate crimes statutes. This approach means that many legal issues that greatly impact the lives of the LGBT community's most marginalized members--especially those who are transgender, homeless, underage, or nonwhite--often go unnoticed. Such a narrow focus on equal rights also fixes and flattens LGBT identities, perpetuates the uneven distribution of resources such as safety, housing, health, and wealth, and limits the capacity for advocates to imagine change. To combat these effects, Adler calls for prioritizing the redistribution of resources in ways that focus on addressing low-profile legal conditions such as foster care and other issues that better meet the needs of LGBT people. Such a shift in perspective, Adler contends, will serve to open up a new world of reform possibilities that the law provides for.

In 1993 Margie Witt, a young Air Force nurse, was chosen as the face of the Air Force's "Cross into the Blue" recruitment campaign. This was also the year that President Clinton's plan for gays to serve openly in the military was quashed by an obdurate Congress, resulting in the blandly cynical political compromise known as Don't Ask, Don't Tell. Contrary to its intent, DADT had the perverse effect of making it harder for gay servicemen and -women to fight expulsion. Over the next seventeen years more than 13,000 gay soldiers, sailors, marines, coast guard, and airmen and -women were removed from military service. That is, until Margie Witt's landmark case put a stop to it. Tell is the riveting story of Major Margaret Witt's dedicated and decorated military career as a frontline flight nurse, and of her love and devotion to her partner--now wife--Laurie Johnson. Tell captures the tension and drama of the politically charged legal battle that led to the congressional repeal of the controversial law and helped pave the way for a suite of landmark political and legal victories for gay rights. Tell is a testament to the power of love to transform hearts and minds, as well as a celebration of the indomitable spirit of Major Witt, her wife Laurie, her dedicated legal team, and the brave men and women who came forward to testify on her behalf in a historic federal trial.

In early 2013 same-sex marriage was legal in only ten states and the District of Columbia. That year the Supreme Court's decision in United States v. Windsor appeared to open the door to marriage equality. In Texas, Mark Phariss and Vic Holmes, together for sixteen years and deeply in love, wondered why no one had stepped across the threshold to challenge their state's 2005 constitutional amendment prohibiting same-sex marriage. They agreed to join a lawsuit being put together by Akin Gump Strauss Hauer & Feld LLD. Two years later--after tense battles in the Federal District Court for the Western District of Texas and in the Fifth Circuit Court of Appeals, after sitting through oral arguments at the Supreme Court of the United States in Obergefell v. Hodges--they won the right to marry deep in the heart of Texas. But the road they traveled was never easy. Accidental Activists is the deeply moving story of two men who struggled to achieve the dignity of which Justice Anthony Kennedy spoke in a series of Supreme Court decisions that recognized the "personhood," the essential humanity of gays and lesbians.

In 2015 the Supreme Court made history by ruling that the constitution protects the right of same-sex couples to get married. The third edition of perhaps the most influential book on the subject explains the Court's reasoning and what the consequences of the decision have been. The book also explains why the Supreme Court declined to rule that a ban on same-sex marriage was irrational or hateful or that the ban was an indirect form of gender discrimination. Instead, the Court ruled that there is a fundamental constitutional right to marry that covers same-sex couples. The book discusses the dissent's claims that the decision will lead to constitutional protection for polygamy. It also covers the controversy over whether there should be special laws that allow religious business owners not to serve same-sex couples who are married. This book is free of jargon and is accessible to anyone interested in same-sex equality, the Supreme Court or constitutional law generally.
*Also available as an eBook (UC users only): Same-Sex Marriage and the Constitution

Legally Straight offers a critical reading of the legal debates over lesbian and gay marriage in the United States. The book draws on key judicial opinions to trace how our understanding of heterosexuality and marriage has changed. Upon closer inspection, it seemed that the cultural value of marriage was becoming tarnished and the trouble appeared to center on one very specific issue: reproduction. As opponents of lesbian and gay marriage emphasized the link between marriage and accidental pregnancy, the evidence mounted, the arguments proliferated, and resistance began to turn against itself. Heterosexuality, it seemed for a moment, was little more than a set of palliative prescriptions for the worst of human behavior, and children became the victims. It thus became the province of the courts to reinforce the cultural value of marriage by resisting what came to be known as the "procreation argument," the assertion that marriage exists primarily to regulate the unruly aspects of heterosexual reproduction. Cultural conceptions of children and childhood were being put at risk as gays and lesbians were denied marriage, so that writing lesbian and gay families into the marriage law became the better option.

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.

The past fifty years are conventionally understood to have witnessed an uninterrupted expansion of sexual rights and liberties in the United States. This state-of-the-art collection tells a different story: while progress has been made in marriage equality, reproductive rights, access to birth control, and other areas, government and civil society are waging a war on stigmatized sex by means of law, surveillance, and social control. The contributors document the history and operation of sex offender registries and the criminalization of HIV, as well as highly punitive measures against sex work that do more to harm women than to combat human trafficking. They reveal that sex crimes are punished more harshly than other crimes, while new legal and administrative regulations drastically restrict who is permitted to have sex. By examining how the ever-intensifying war on sex affects both privileged and marginalized communities, the essays collected here show why sexual liberation is indispensable to social justice and human rights.

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.

In this book, Susan Gluck Mezey examines LGBT policymaking over the last several decades, highlighting advances in LGBT rights as well as formidable challenges that still confront the LGBT community. With an emphasis on courts, she traces developments in the struggles for LGBT rights in the United States and abroad. The chapters focus on employment discrimination, transgender rights, marriage equality, and the ongoing battles over discrimination against same-sex couples and transgender persons in education, employment, and public accommodations. It also adds a global perspective by appraising issues affecting LGBT rights in other parts of the world, discussing claims of discrimination in the Canadian and South African courts as well as in the European Court of Human Rights. Mezey provides a succinct and accessible guide to the debates over sexual orientation and gender identity, evaluating the roles played by state and federal courts, legislatures, and chief executives in formulating and implementing LGBT policy. Suitable as an up-to-date resource for anyone interested in LGBT rights, Beyond Marriage will also help students in upper-level classes focusing on judicial politics, public policymaking, family law, civil rights, gender policy, and minority group politics understand ways forward for the LGBT community in the political realm.

Looking at the same-sex marriage debate at the ballot box and in the courts, this timely book offers unique insights into one of the most fluid social and legal issues of our day and into the role of institutional context in how rights are used. Why, Joseph Mello asks, did conservative opponents of same-sex marriage enjoy such an advantage when debating this issue in the popular arena of a ballot measure campaign? And why were they less successful at mobilizing the language of rights in the courts? His analysis shows us that rights don't just entitle us to resources; they also shape the way we see ourselves and are perceived by others. Thus, by using the language of rights to frame their cause, conservative opponents of same-sex marriage were able to construe themselves as victims of oppression, their religious and moral beliefs under threat. The same language, however, proved less useful, or even counterproductive, in courtrooms, Mello concludes, because the court's norms and constraints force arguments to undergo more searching scrutiny and rights-based arguments against same-sex marriage contain discriminatory stereotypes that cannot be supported with evidence.

How human rights principles, like the right to gender identity, freedom, integrity and equality, respond to the concerns of different groups of adults and children who experience gender harm due to the binary conception of sexuality and gender identity is the overall theme of this book. The Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity are analysed in the light of the dynamic jurisprudence of different human rights treaty bodies. Whether and how the status quo of gender duality is reproduced, in spite of international law's growing recognition of the multiplicity of sexualities and gender identities, is discussed. How transgender men, in countries that permit legal gender change, have been successfully prosecuted for gender fraud by female partners claiming to be unaware of their gender history is given attention. While human rights discourse related to LGBTI persons so far has been moulded on the experiences of adults this book gives voice to the concerns of gender-non confirming children. The jurisprudence of the Child Rights Committee, with focus on the complex social and legal issues faced by gender non-confirming children, is addressed. Through narratives, that give voice to these children's experiences, the book demonstrates how the legal gender assigned at birth impacts on their feeling of recognition, self-confidence and self-respect in the private, social, and legal spheres. This book was previously published as a special issue of the Nordic Journal of Human Rights.

A comparative examination of the political, historical, legal, and religious antecedents of penalties and discrimination against sexual minority groups around the world.

Karen Tracy examines the identity-work of judges and attorneys in state supreme courts as they debated the legality of existing marriage laws. Exchanges in state appellate courts are juxtaposed with the talk that occurred between citizens and elected officials in legislative hearings considering whether to revise state marriage laws. The book's analysis spans ten years, beginning with the U.S. Supreme Court's overturning of sodomy laws in 2003 and ending in 2013 when the U.S. Supreme Court declared the federal government's Defense of Marriage Act (DOMA) unconstitutional, and it particularly focuses on how social change was accomplished through and reflected in these law-making and law-interpreting discourses. Focal materials are the eight cases about same-sex marriage and civil unions that were argued in state supreme courts between 2005 and 2009, and six of a larger number of hearings that occurred in state judicial committees considering bills regarding who should be able to marry. Tracy concludes with analysis of the 2011 Senate Judiciary Committee Hearing on DOMA, comparing it to the initial 1996 hearing and to the 2013 Supreme Court oral argument about it. The book shows that social change occurred as the public discourse that treated sexual orientation as a "lifestyle" was replaced with a public discourse of gays and lesbians as a legitimate category of citizen.

Victory may sometimes look like a sudden revolution when, in truth, it rests on years of struggle. The June 2015 decision in Obergefell v. Hodges is a sweeping victory for the freedom to marry, but it was one step in a long process. Love Unites Us is the history of activists' passion and persistence in the struggle for marriage rights for same-sex couples in the United States, told in the words of those who waged the battle. Launching the fight for the freedom to marry was neither an obvious nor an uncontested strategy. To many activists, achieving marriage equality seemed far-fetched, but the skeptics were proved wrong. Proactive arguments in favor of love, family, and commitment were more effective than arguments that focused on rights and the goal of equality at work. Telling the stories of people who loved and cared for one another, in sickness and in health, cut through the antigay noise and moved people--not without backlash and not overnight, but faster than most activists and observers had ever imagined. With compelling stories from leading attorneys and activists including Evan Wolfson, Mary L. Bonauto, Jon W. Davidson, and Paul M. Smith, Love Unites Us explains how gay and lesbian couples achieved the right to marry.

The fascinating and very moving story of the lovers, lawyers, judges and activists behind the groundbreaking Supreme Court case that led to one of the most important, national civil rights victories in decades--the legalization of same-sex marriage. In June 2015, the Supreme Court made same-sex marriage the law in all fifty states. Through insider accounts and access to key players, this definitive account reveals the dramatic and previously unreported events behind Obergefell v Hodges and the lives at its center. This is a story of law and love and a promise made to a dying man who wanted to know how he would be remembered. Twenty years ago, Jim Obergefell and John Arthur fell in love in Cincinnati, Ohio, a place where gays were routinely picked up by police and fired from their jobs. In 2013, the Supreme Court ruled that the federal government had to provide married gay couples all the benefits offered to straight couples. Jim and John--who was dying from ALS--flew to Maryland, where same-sex marriage was legal. But back home, Ohio refused to recognize their union, or even list Jim's name on John's death certificate. Then they met Al Gerhardstein, a courageous attorney who had spent nearly three decades advocating for civil rights and who now saw an opening for the cause that few others had before him. This forceful and deeply affecting narrative chronicles how this grieving man and his lawyer, against overwhelming odds, introduced the most important gay rights case in U.S. history.

Jean Eberhart Dubofsky came of age when trouble was around every corner, fueled by one grave injustice or another. Appealing For Justice is the story of how this shy, unknown, and unheralded woman found her place at the table again and again, then led the way, broke down barriers and helped shape the direction and flow of history. At almost every step, Jean Dubofsky's story mirrors, reflects, or reveals the depth of the injustice, discrimination, and inequality that lay hidden just beneath the surface of the country we thought ourselves to be. Jean Dubofsky made history in 1979 when she was the first woman appointed to the Colorado Supreme Court, then made history again in 1996 at the U.S. Supreme Court when she argued and won the landmark gay rights case, Romer v. Evans. Dubofsky's journey from helping to shape and implement the strategy that led to the passage of the 1968 Civil Rights Act, to bringing the first slavery lawsuit since the Civil War, and finally winning at the U.S. Supreme Court is not simply her story, it also is the a story of an entire generation. Appealing For Justice allows, for the first time, Jean Dubofsky and Romer v. Evans to find their rightful historic place at a critical turning point in the country's unfolding story of equal rights and justice.

Renowned litigator Roberta Kaplan knew from the beginning that it was the perfect case to bring down the so-called Defense of Marriage Act (DOMA). Edie Windsor and Thea Spyer had been together as a couple, in sickness and in health, for more than forty years--enduring society's homophobia as well as Spyer's near total paralysis from multiple sclerosis. Although the couple was finally able to marry, when Spyer died the federal government refused to recognize their marriage, forcing Windsor to pay a huge estate tax bill.In this gripping, definitive account of one of our nation's most significant civil rights victories, Kaplan describes meeting Windsor and their journey together to defeat DOMA. She shares the behind-the-scenes highs and lows, the excitement and the worries, and provides intriguing insights into her historic argument before the Supreme Court. A critical and previously untold part of the narrative is Kaplan's own personal story, including her struggle for self-acceptance in order to create a loving family of her own.Then Comes Marriage tells this quintessentially American story with honesty, humor, and heart. It is the momentous yet intimate account of a thrilling victory for equality under the law for all Americans, gay or straight.

This collection engages with current issues on equal protection in the USA, as seen from the perspectives of leading academics in this area. Contributors with a range of perspectives interrogate the legal, theoretical and factual assumptions which shape case law and consider the extent to which they satisfactorily address contemporary concerns with social hierarchies and norms. Divided into five parts, the study focuses on the connections between equal protection jurisprudence, discrimination in its contemporary manifestations, the implications of identity politics and the moral and political conceptualizations of equality that represent the parameters of debate. Drawing on historical analysis and disciplinary insights of the social sciences, the book bridges the gap between theory and practice. The themes presented and analyses developed are among some of the most contentious currently in America, and will be of interest not just to lawyers and legal academics, but also to inter-disciplinary social science researchers, including sociologists, economists and political scientists.

America's War on Same-Sex Couples and Their Families is a legal, political, and social history of constitutional amendments in twenty American states (with 43 percent of the nation's population) that prohibited government recognition of all forms of relationship rights (marriage, civil unions, and domestic partnerships) for same-sex couples. Based on 175 interviews with gay and lesbian pairs in Georgia, Michigan, North Carolina, Ohio, Texas, and Wisconsin, the volume has great human-interest value and chronicles how same-sex couples and their children coped within harsh legal environments. The work ends with a lively explanation of how the federal judiciary rescued these families from their own governments. In addition, the book provides a model of the grassroots circumstances under which harassed minority groups migrate out of oppressive state regimes, together with an estimate of the economic and other costs (to the refugees and their governments) of the flight from persecution.

When the Civil Rights Act of 1964 was passed, its primary target was the outright exclusion of women from particular jobs. Over time, the Act's scope of protection has expanded to prevent not only discrimination based on sex but also discrimination based on expression of gender identity. Kimberly Yuracko uses specific court decisions to identify the varied principles that underlie this expansion. Filling a significant gap in law literature, this timely book clarifies an issue of increasing concern to scholars interested in gender issues and the law.

Through in-depth interviews with 137 LGBT parents, Amanda K. Baumle and D'Lane R. Compton examine the role of the law in the lives of LGBT parents and how individuals use the law when making decisions about family formation or parenting. Baumle and Compton explore the ways in which LGBT parents participate in the process of constructing legality through accepting, modifying, or rejecting legal meanings about their families. Few groups encounter as much variation in access to everyday legal rights pertaining to the family as do LGBT parents. This complexity and variation in legal environments provides a rather unique opportunity to examine the manner in which legal context affects the ways in which individuals come to understand the meaning and utility of the law for their lives. The authors conclude that legality is constructed through a complex interplay of legal context, social networks, individual characteristics, and familial desires. Ultimately, the stories of LGBT parents in this book reflect a rich and varied relationship between the law, the state, and the private family goals of individuals.

In 1993, the nation exploded into anti-same sex marriage fervor when the Hawaii Supreme Court issued its decision to support marriage equality for gay and lesbian couples. Opponents feared that all children, but especially those raised by lesbian or gay couples, would be harmed by the possibility of same-sex marriage, and warned of the consequences for society at large. Congress swiftly enacted the Defense of Marriage Act, defining marriage as between a man and a woman, and many states followed suit. Almost a decade before the Hawaii court issued its decision, however, several courts in multiple states had granted gay and lesbian couples co-parenting status, permitting each individual in the couple to be legally recognized as joint parents over their children. By 2006, advocates in half the states had secured court decisions supporting gay and lesbian co-parenting, and incurred far fewer public reprisals than on the marriage front. What accounts for the stark difference in reactions to two contemporaneous same-sex family policy fights? In Below the Radar, Alison Gash argues that advocacy visibility has played a significant role in determining whether advocacy efforts become mired in conflict or bypass hostile backlash politics. Same-sex parenting advocates are not alone in crafting low-visibility advocacy strategies to ward off opposition efforts. Those who operate, reside in, and advocate for group homes serving individuals with disabilities have also used below-the-radar strategies to diminish the damage caused by NIMBY ("not in my back yard") responses to their requests to move into single-family neighborhoods. Property owners have resorted to slander, subterfuge, or even arson to discourage group homes from locating in their neighborhoods, and for some advocates, secrecy provides the best elixir. Not every fight for civil rights grabs headlines, but sometimes, this is by design. Gash's groundbreaking analyses of these strategies provide a glimpse of the prophylactic and palliative potential of low-visibility advocacy.

*Revised and Expanded Edition. Wait--what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and "equality" strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee nondiscrimination and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to gain legal recognition and inclusion in the state's institutions. But is this strategy effective? In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change, and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes assumptions about what legal rights can do for marginalized populations, and describes transformative resistance processes and formations that address the root causes of harm and violence. In the new afterword to this revised and expanded edition, Spade notes the rapid mainstreaming of trans politics and finds that his predictions that gaining legal recognition will fail to benefit trans populations are coming to fruition. Spade examines recent efforts by the Obama administration and trans equality advocates to "pinkwash" state violence by articulating the US military and prison systems as sites for trans inclusion reforms. In the context of recent increased mainstream visibility of trans people and trans politics, Spade continues to advocate for the dismantling of systems of state violence that shorten the lives of trans people.

Most people think of love and contracts as strange bedfellows, or even opposites. In Love's Promises, however, law professor Martha Ertman shows that far from cold and calculating, contracts shape and sustain families. Blending memoir and law, Ertman delves into the legal cases, anecdotes, and history of family law to show that love comes in different packages, each shaped by different contracts and mini-contracts she calls "deals." Family law should and often does recognize that variety because legal rules, like relationships, aren't one size fits all. The most common form of family--which Ertman calls "Plan A"--come into being through different kinds of agreements than the more uncommon families that she dubs "Plan B." Recognizing the contractual core of all families shows that Plan B is neither unnatural nor unworthy of legal recognition, just different. After telling her own moving and often irreverent story about becoming part of a Plan B family of two moms and a dad raising a child, Ertman shows that all kinds of people--straight and gay, married and single, related by adoption or by genetics--use contracts to shape their relationships. As couples navigate marriage, reproductive technologies, adoption, and cohabitation, they encounter contracts. Sometimes hidden and other times openly acknowledged, these contracts ensure that the people they think of as "family" are legally recognized as family in the eyes of the law. Family exchanges can be substantial, like vows of fidelity, or small, like "I cook and you clean." But regardless of scope, the agreements shape the emotional, social, and financial terrain of family relationships. Seeing the instrumental role contracts will help readers better understand how contracts and deals work in their own families as well as those around them. Both insightful and paradigm-shifting, Love's Promises lets readers in on the power of contracts and deals to support love in its many forms and to honor the different ways that our nearest and dearest contribute to our daily lives.

A renowned legal scholar tells the definitive story of Hollingsworth v. Perry, the trial that will stand as the most potent argument for marriage equality Speak Now tells the story of a watershed trial that unfolded over twelve tense days in California in 2010. A trial that legalized same-sex marriage in our most populous state. A trial that interrogated the nature of marriage, the political status of gays and lesbians, the ideal circumstances for raising children, and the ability of direct democracy to protect fundamental rights. In telling the story of Hollingsworth v. Perry, the groundbreaking federal lawsuit against Proposition 8, Kenji Yoshino has also written a paean to the vanishing civil trial--an oasis of rationality in what is often a decidedly uncivil debate. Above all, this book is a work of deep humanity, in which Yoshino brings abstract legal arguments to life by sharing his own story of finding love, marrying, and having children as a gay man. Intellectually rigorous and profoundly compassionate, Speak Now will stand as the definitive account of a landmark civil-rights trial.

Out and About: The LGBT Experience In the Legal Profession is intended to address the experiences of LGBT attorneys, academics, and jurists in the legal profession. Through their own words, our authors help educate and promote justice in and through the legal profession for the LGBT community in all its diversity. This book also celebrates LGBT members of the bar by recognizing this diverse group, their contributions, and their struggles. Being an individual, doing your own thing no matter what everyone else is doing, is the heart of the essays that comprise this book. The writers share their experience of at once blending in and yet feeling different, vulnerable, and exposed. They speak of the ever-present potential to be treated differently simply because of who they are, giving these essays deeper meaning. Some of these authors endured secret pain, suffering in private, hiding personal lives from colleagues. Others barely soldiered through, endeavoring just to make the lives of their clients better. And some openly achieved great success, personally, professionally, or both. Each and every one merits attention. Each chapter of this book informs and inspires readers to broaden horizons, opening minds to the vast diversity of LGBT individuals. The book aims to improve the legal profession and the justice system itself by demonstrating the vast potential within all of us.

The riveting inside story of the Supreme Court's landmark ruling on Proposition 8---by the two lawyers who argued the case. On June 26, 2013, the Supreme Court of the United States issued a pair of landmark decisions, striking down the Defense of Marriage Act and eliminating California's discriminatory Proposition 8, reinstating the freedom to marry for gays and lesbians in California. Redeeming the Dream is the story of how David Boies and Theodore B. Olson--who argued against each other all the way to the Supreme Court in Bush v. Gore---joined forces after that titanic battle to forge the unique legal argument that would carry the day. As allies and not foes, they tell the fascinating story of the five-year struggle to win the right for gays to marry, from Proposition 8's adoption by voters in 2008, to its defeat before the highest court in the land in Hollingsworth v. Perry in 2013. Boies and Olson guide readers through the legal framing of the case, making crystal clear the constitutional principles of due process and equal protection in support of marriage equality while explaining, with intricacy, the basic human truths they set out to prove when the duo put state-sanctioned discrimination on trial. Redeeming the Dream offers readers an authoritative, dramatic, and up-close account of the most important civil rights issue---fought and won---since Brown v. Board of Education and Loving v. Virginia.

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.
*Also available as an eBook (UC users only): Law and the Gay Rights Story

Groups seeking legal equality often take a victory as the end of the line. Once judgment is granted or a law is passed, coalitions disband and life goes on in a new state of equality. Policy makers too may assume that a troublesome file is now closed. This collection arises from the urgent sense that law reforms driven by equality call for fresh lines of inquiry. In unintended ways, reforms may harm their intended beneficiaries. They may also worsen the disadvantage of other groups. Committed to tackling these important issues beyond the boundaries that often confine legal scholarship, this book pursues an interdisciplinary consideration of efforts to advance equality, as it explores the developments, challenges, and consequences that arise from law reforms aiming to deliver equality in the areas of sexuality, kinship, and family relations. With an international array of contributors, After Legal Equality: Family, Sex, Kinship will be an invaluable resource for those with interests in this area.

As Americans, we cherish the freedom to associate. However, with the freedom to associate comes the right to exclude those who do not share our values and goals. What happens when the freedom of association collides with the equally cherished principle that every individual should be free from invidious discrimination? This is precisely the question posed in Boy Scouts of America v. James Dale, a lawsuit that made its way through the courts over the course of a decade, culminating in 2000 with a landmark ruling by the U.S. Supreme Court. In Judging the Boy Scouts of America, Richard J. Ellis tells the fascinating story of the Dale case, placing it in the context of legal principles and precedents, Scouts' policies, gay rights, and the "culture wars" in American politics. The story begins with James Dale, a nineteen-year old Eagle Scout and assistant scoutmaster in New Jersey, who came out as a gay man in the summer of 1990. The Boy Scouts, citing their policy that denied membership to "avowed homosexuals," promptly terminated Dale's membership. Homosexuality, the Boy Scout leadership insisted, violated the Scouts' pledge to be "morally straight." With the aid of the Lambda Legal Defense Fund, Dale sued for discrimination. Ellis tracks the case from its initial filing in New Jersey through the final decision of the U.S. Supreme Court in favor of the Scouts. In addition to examining the legal issues at stake, including the effect of the Supreme Court's ruling on the law of free association, Ellis also describes Dale's personal journey and its intersection with an evolving gay rights movement. Throughout he seeks to understand the puzzle of why the Boy Scouts would adopt and adhere to a policy that jeopardized the organization's iconic place in American culture—and, finally, explores how legal challenges and cultural changes contributed to the Scouts' historic policy reversal in May 2013 that ended the organization's ban on gay youth (though not gay adults).

Sexual rules and regulations are among society's oldest yet it is only in recent decades that this once-stigmatized field has become the focus of scholarly attention. This volume, which includes some of the most thought-provoking and hard-to-find essays in the field, covers a diverse range of topics and includes an introduction that situates all of these works in the broader field and offers readers an extensive bibliography.

The conventional interpretation of equality under the law singles out certain groups or classes for constitutional protection: women, racial minorities, and gays and lesbians. The United States Supreme Court calls these groups 'suspect classes'. Laws that discriminate against them are generally unconstitutional. While this is a familiar account of equal protection jurisprudence, this book argues that this approach suffers from hitherto unnoticed normative and political problems. The book elucidates a competing, extant interpretation of equal protection jurisprudence that avoids these problems. The interpretation is not concerned with suspect classes but rather with the kinds of reasons that are already inadmissible as a matter of constitutional law. This alternative approach treats the equal protection clause like any other limit on governmental power, thus allowing the Court to invalidate equality-infringing laws and policies by focusing on their justification rather than the identity group they discriminate against.

Congressional Research Service (CRS) Report for Congress.

*Amendment 2 in Colorado; Romer v. Evans.

An "extraordinary book reveal[ing] the live faces behind the masks of constitutional law; to read it is to understand the inner dynamics of law's outward development."--Laurence H. Tribe.
Law library has 1988 edition.
*See Chapter 16, Michael Hardwick v. Michael Bowers.

This casebook offers professors and students a doctrinally comprehensive, theoretically ambitious, and up-to-date exploration of the treatment of sexuality and gender issues in American public law. The Fifth Edition opens with the historically grounded first chapter from earlier editions, which maps the three primary constitutional themes of liberty, equality, and expression through the end of the twentieth century. Throughout, the book fully integrates the ramifications stemming from the latest court decisions, including Dobbs v. Jackson Women's Health Organization and new religious liberty decisions and debates. Highlights of the Fifth Edition include: A probing of where the Court's turn in recent years toward an equal liberty analysis stands in the wake of Dobbs, including threats posed by the reversal of Roe v. Wade and Planned Parenthood v. Casey to the doctrinal foundations of Lawrence v. Texas and Obergefell v. Hodges. The increasing prominence of the argument that discrimination against lesbian, gay, bisexual, transgender and queer-identified persons constitutes discrimination "because of sex," as recognized by the Supreme Court's opinion in Bostock v. Clayton County, Georgia, interpreting Title VII, and the related question of how Bostock will affect interpretation of the Equal Protection Clause and other antidiscrimination statutes. Increased coverage of how the First Amendment and the Religious Freedom Restoration Act are being deployed aggressively by the Supreme Court to carve out exemptions and allowances for individuals, companies, and religious institutions to discriminate against women and LGBTQ persons. Examples include questions such as whether Fulton v. Philadelphia limits or partially overrules Obergefell by requiring a government program to discriminate against same-sex married couples and the extent to which expansion of "the ministerial exception" undermines workplace protections. The book's distinctive fourth chapter introduces the student to natural law theory (which is on the upswing in federal courts), feminist and other liberal theories, and postmodern theories claiming that what many people treat as inflexible and natural are actually contingent, socially constructed, and dynamic. Increased coverage of issues related to transgender people in a range of contexts, including custody and visitation actions involving transgender parents or transgender children, schools and the workplace, on athletic teams, in the military, and in prisons. The Fifth Edition expands upon the book's distinctive integration of sexuality and gender issues and increases coverage of the racialization of these dynamics in American law.

This casebook on the law of sexual orientation and gender identity weaves interdisciplinary perspectives into the up-to-date coverage of a rapidly changing legal landscape. It provides comprehensive coverage of the range of legal issues concerning LGBTQ persons, along with scholarly commentary on these issues. It also covers issues of sexuality and gender more broadly. It addresses in depth many significant recent developments, including the Supreme Court's landmark decision interpreting the Civil Rights Act of 1964 as prohibiting discrimination on the basis of gender identity and sexual orientation, and the growing set of religious liberty claims asserted by opponents of LGBTQ equality measures. The book also extensively covers gender identity issues, including the challenges faced by transgender individuals in accessing sex-segregated facilities, adequate healthcare, and equal educational and athletic opportunities.

To view or download the 2021 Supplement to this book, click here. Gender Identity and the Law is the first law textbook to focus on the legal treatment of transgender, gender nonconforming, and non-binary individuals, primarily through U.S. materials but also incorporating legal developments in other parts of the world. The book will provide students with an understanding of the decades-long revolution in law and society regarding the concepts of gender identity and expression that affect trans people in numerous settings. From gender variation in the ancient world to contemporary conflicts such as the ban on military service by transgender persons, the book empowers students to address anti-trans prejudice and to help meet the needs of transgender persons.

Legal issues arising from the sexual diversity of our society are front and center in many legal fields. The Supreme Court, which selectively controls its docket, now considers sexuality-related cases almost every term, and the pace of litigation in lower courts keeps increasing. Responding to the surge of new developments, the authors have reorganized the front end of the book to emphasize the diversity of issues by providing a chronological journey through the Supreme Court¿s treatment of sexuality law issues from the middle of the twentieth century to the present. Chapters on sexual orientation and gender identity issues in the lower courts follow. The family law chapters have been reworked to account for the decisions in Windsor and Obergefell and the numerous issues that have arisen since implementation of these cases began. The final chapter concludes with selected topics on subjects yet to receive Supreme Court review.

This casebook offers law professors and students a doctrinally comprehensive, theoretically ambitious, and up-to-date exploration of the treatment of sexuality and gender in American public law. The Fourth Edition extends the historically grounded first chapter from the Third Edition - establishing the three primary doctrinal strands of liberty, equality, and expression - through the end of the twentieth century. The second chapter focuses on the turning points that now define the field: The post-Roe "undue burden" standard as it has evolved from Planned Parenthood v. Casey to Whole Woman's Health v. Hellerstadt; The elimination of criminal laws against sexual conduct based on morality in Lawrence v. Texas and queries as to the reach of that principle; and The legalization of same-sex marriage in Obergefell v. Hodges. Discrimination against women and against trans- and non-binary persons is highlighted throughout the book, from the historical chapter through the most contemporary disputes in workplace and family law. The book's distinctive chapter on the theoretical debates that underlay the field contains more coverage of intersectional and trans-influenced thinking, and a new chapter focuses on the conflict between equality and religious liberty claims, which increasingly dominate in both LGBT and reproductive rights cases. With Professor Courtney Joslin of UC-Davis Law School joining as a new co-author, Sexuality, Gender, and the Law continues to provide both the most comprehensive and deepest coverage of this dynamic field.

This casebook on the law of sexual orientation and gender identity weaves interdisciplinary perspectives into the up-to-date coverage of a rapidly changing legal landscape. It provides comprehensive coverage of the range of legal issues concerning LGBT persons, along with scholarly commentary on these issues. It also covers issues of sexuality and gender more broadly. It addresses in depth many significant recent developments, including the Supreme Court's landmark decisions on marriage equality in Obergefell and Windsor, and the growing set of religious liberty claims asserted by opponents of LGBT equality measures. Gender identity issues are covered throughout the book.

Considerably shorter than other casebooks, this accessible and engaging title focuses on the controversies over constitutional interpretation leading up to the United States Supreme Court's holdings in Lawrence v. Texas (2003) and Obergefell v. Hodges (2015): namely, that the Constitution's commitments to liberty and equal protection encompass rights of same-sex intimacy and marriage. It also takes up emerging conflicts between protection of constitutional rights for gay men and lesbians, on the one hand, and First Amendment claims of freedom of association and religious liberty by persons who oppose protection of such rights, on the other. This book will be suitable as either the basic text of a one-semester course or as a supplementary text for courses in civil liberties. With five original scholarly essays written by esteemed constitutional scholars, this book looks beyond judicial doctrine and asks whether the current constitutional status of gay rights is consistent with principles that trace back to the American Founding and the Civil War Amendments and that continue to animate American politics.

Sexual Orientation and Identity: Political and Legal Analysis provides a comprehensive understanding of the status of gay, lesbian, bisexual, and transgender Americans today. The book engages students directly with important decisions of the U.S. Supreme Court and other courts to trace the development of rights pertaining to sexual orientation and identity, providing extended discussion of LGBT youth and schools; freedom of speech and expression; employment; discrimination; and marriage and family. The book emphasizes the important interface between law and the democratic political process in expanding the equality of the LGBT community.

*Reference Room self-help collection.
Protect yourself and your loved one with sound legal planning Gay and lesbian couples have gained a lot of legal ground in recent years. Although same-sex marriage is now legal across the U.S.,laws governing civil unions and domestic partnerships vary from state to state. So it's still important to define and protect your relationship in the eyes of the law--and A Legal Guide for Lesbian & Gay Couples can help. This plain-English guide shows you how to: structure your relationship with a contract; jointly buy a house or other property; make practical decisions about living together, marrying, or registering as legal partners; make a will or living trust; make medical decisions for each other if needed; have and raise children through adoption, donors, surrogacy, or foster parenting, and deal with the end of a relationship. The 18th edition is completely revised to provide the latest on same-sex marriage, domestic partnerships, and civil unions, and new information regarding parentage laws. All forms are now downloadable via a special link at nolo.com.

In her first book, Before I Do, leading gay rights attorney Elizabeth F. Schwartz spells out the range of practical considerations couples should address before tying the knot. With cameos from some of the most prominent LGBT family law professionals, Schwartz explains all of the implications of marriage from name changes and getting a license to taxes, insurance, social security, and much more.