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Author: Andrew Koppelman
Publisher: University of Chicago Press
ISBN: 0226451038
Category : Law
Languages : en
Pages : 222
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Book Description
The gay rights question is whether the second-class legal status of gay people should be changed. In this book Andrew Koppelman shows the powerful legal and moral case for gay equality, but argues that courts cannot and should not impose it. The Gay Rights Question in Contemporary American Law offers an unusually nuanced analysis of the most pressing gay rights issues. Does antigay discrimination violate the Constitution? Is there any sound moral objection to homosexual conduct? Are such objections the moral and constitutional equivalent of racism? Must state laws recognizing same-sex unions be given effect in other states? Should courts take account of popular resistance to gay equality? Koppelman sheds new light on all these questions. Sure to upset purists on either side of the debate, Koppelman's book criticizes the legal arguments advanced both for and against gay rights. Just as important, it places these arguments in broader moral and social contexts, offering original, pragmatic, and workable legal solutions.
Author: Andrew Koppelman
Publisher: University of Chicago Press
ISBN: 0226451038
Category : Law
Languages : en
Pages : 222
Get Book Here
Book Description
The gay rights question is whether the second-class legal status of gay people should be changed. In this book Andrew Koppelman shows the powerful legal and moral case for gay equality, but argues that courts cannot and should not impose it. The Gay Rights Question in Contemporary American Law offers an unusually nuanced analysis of the most pressing gay rights issues. Does antigay discrimination violate the Constitution? Is there any sound moral objection to homosexual conduct? Are such objections the moral and constitutional equivalent of racism? Must state laws recognizing same-sex unions be given effect in other states? Should courts take account of popular resistance to gay equality? Koppelman sheds new light on all these questions. Sure to upset purists on either side of the debate, Koppelman's book criticizes the legal arguments advanced both for and against gay rights. Just as important, it places these arguments in broader moral and social contexts, offering original, pragmatic, and workable legal solutions.
Author: Andrew Koppelman
Publisher: Turtleback
ISBN: 9780613911146
Category : Law
Languages : en
Pages :
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Book Description
AcknowledgmentsIntroduction1. Equal Protection and Invidious Intent2. The Right to Privacy?3. The Sex Discrimination Argument, and Objections4. Why Discriminate?5. Choice of Law and Public Policy6. Dumb and DOMA: Why the Defense of Marriage Act Is UnconstitutionalEpilogue: The Limitations of the CourtsNotesIndex
Author: Daniel R. Pinello
Publisher: Cambridge University Press
ISBN: 9780521012140
Category : Law
Languages : en
Pages : 372
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Book Description
Table of contents
Author: Kenji Yoshino
Publisher: Random House
ISBN: 1588361721
Category : Law
Languages : en
Pages : 307
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Book Description
A lyrical memoir that identifies the pressure to conform as a hidden threat to our civil rights, drawing on the author’s life as a gay Asian American man and his career as an acclaimed legal scholar. “[Kenji] Yoshino offers his personal search for authenticity as an encouragement for everyone to think deeply about the ways in which all of us have covered our true selves. . . . We really do feel newly inspired.”—The New York Times Book Review Everyone covers. To cover is to downplay a disfavored trait so as to blend into the mainstream. Because all of us possess stigmatized attributes, we all encounter pressure to cover in our daily lives. Racial minorities are pressed to “act white” by changing their names, languages, or cultural practices. Women are told to “play like men” at work. Gays are asked not to engage in public displays of same-sex affection. The devout are instructed to minimize expressions of faith, and individuals with disabilities are urged to conceal the paraphernalia that permit them to function. Given its pervasiveness, we may experience this pressure to be a simple fact of social life. Against conventional understanding, Kenji Yoshino argues that the work of American civil rights law will not be complete until it attends to the harms of coerced conformity. Though we have come to some consensus against penalizing people for differences based on race, sex, sexual orientation, religion, and disability, we still routinely deny equal treatment to people who refuse to downplay differences along these lines. At the same time, Yoshino is responsive to the American exasperation with identity politics, which often seems like an endless parade of groups asking for state and social solicitude. He observes that the ubiquity of covering provides an opportunity to lift civil rights into a higher, more universal register. Since we all experience the covering demand, we can all make common cause around a new civil rights paradigm based on our desire for authenticity—a desire that brings us together rather than driving us apart. Praise for Covering “Yoshino argues convincingly in this book, part luminous, moving memoir, part cogent, level-headed treatise, that covering is going to become more and more a civil rights issue as the nation (and the nation’s courts) struggle with an increasingly multiethnic America.”—San Francisco Chronicle “[A] remarkable debut . . . [Yoshino’s] sense of justice is pragmatic and infectious.”—Time Out New York
Author: Justin Healey
Publisher:
ISBN: 9781922084019
Category : Civil unions
Languages : en
Pages : 60
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Book Description
Same-sex marriages are currently not permitted under Australian federal law. Although same-sex couples in a de facto relationship have had most of the legal rights of married couples since July 2009, there is however no national registered partnership or civil union scheme.
Author: Ronald C. Den Otter
Publisher: Cambridge University Press
ISBN: 1107087716
Category : Law
Languages : en
Pages : 371
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Book Description
This book outlines the constitutional argument in favor of plural marriage in the United States.
Author: Richard Mohr
Publisher: Columbia University Press
ISBN: 0231135211
Category : Law
Languages : en
Pages : 157
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Book Description
Richard D. Mohr adopts a humanistic and philosophical approach to assessing public policy issues affecting homosexuals. His nuanced case for legal and social acceptance applies widely held ethical principles to various issues, including same-sex marriage, AIDS, and gays in the military. Mohr examines the nature of prejudices and other cultural forces that work against lesbian and gay causes and considers the role that sexuality plays in national rituals. In his support of same-sex marriage, Mohr defines matrimony as the development and maintenance of intimacy through which people meet their basic needs and carry out their everyday living, and he contends that this definition applies equally to homosexual and heterosexual couples. By drawing on culturally, legally, and ethically based arguments, Mohr moves away from tired political rhetoric and reveals the important ways in which the struggle for gay rights and acceptance relates to mainstream American society, history, and political life.
Author: Jack M. Balkin
Publisher: Yale University Press
ISBN: 030022155X
Category : Law
Languages : en
Pages : 396
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Book Description
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.
Author: Mark A. Graber
Publisher: Cambridge University Press
ISBN: 9781139457071
Category : History
Languages : en
Pages : 300
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Book Description
Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.
Author: Michael J. Rosenfeld
Publisher: Harvard University Press
ISBN: 0674034902
Category : Social Science
Languages : en
Pages : 277
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Book Description
Michael J. Rosenfeld offers a new theory of family dynamics to account for the interesting and startling changes in marriage and family composition in the United States in recent years. His argument revolves around the independent life stage that emerged around 1960. This stage is experienced by young adults after they leave their parents’ homes but before they settle down to start their own families. During this time, young men and women go away to college, travel abroad, begin careers, and enjoy social independence. This independent life stage has reduced parental control over the dating practices and mate selection of their children and has resulted in a sharp rise in interracial and same-sex unions—unions that were more easily averted by previous generations of parents. Complementing analysis of newly available census data from the entire twentieth century with in-depth interviews that explore the histories of families and couples, Rosenfeld proposes a conceptual model to explain many social changes that may seem unrelated but that flow from the same underlying logic. He shows, for example, that the more a relationship is transgressive of conventional morality, the more likely it is for the individuals to live away from their family and area of origin.
