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Uses a question-and-answer format and nontechnical language to survey rights in regard to freedom of speech and association, housing, employment, the military, family and parenting, and HIV disease.
Transgender people have unique needs and vulnerabilities in the family law context. Any family law attorney engaged in representing transgender clients must know the ins and outs of this rapidly developing area of law. Transgender Family Law: A Guide to Effective Advocacy is the first book to comprehensively address legal issues facing transgender people in the family law context and provide practitioners the tools to effectively represent transgender clients. The chapters address a broad range of topics, including: Culturally Competent Representation, Recognition of Name and Sex, Relationship Recognition and Protections, Protecting Parental Rights, Relationship Dissolution, Parental Rights after Relationship Dissolution, Custody Disputes Involving Transgender Children, Protections for Transgender Youth, Intimate Partner Violence, Estate Planning and Elder Law. Written by attorneys with expertise in both family law and advocacy for transgender clients, including: Kylar W. Broadus, Patience Crozier, Benjamin L. Jerner, Michelle B. LaPointe, Jennifer L. Levi, Morgan Lynn, Shannon Price Minter, Elizabeth E. Monnin-Browder, Zack M. Paakkonen, Terra Slavin, Wayne A. Thomas Jr., Deborah H. Wald, and Janson Wu, Transgender Family Law is a must-have, practical guide for attorneys interested in becoming effective advocates for their clients. It is also a valuable resource to consult for any transgender person who is forming, expanding, or dissolving a family relationship.
Lesbian, gay, bisexual, and transgender people face the same family issues as their heterosexual counterparts, but that is only the beginning of their struggle. The LGBT community also encounters legal barriers to government recognition of their same-sex relationships and relationships to their own children. Policy Issues Affecting Lesbian, Gay, Bisexual, and Transgender Families addresses partner recognition, parenting, issues affecting children of LGBT parents, health care, discrimination, senior care and elder rights, and equal access to social services. Sean Cahill and Sarah Tobias provide up-to-date, accurate analysis of the major policies affecting LGBT people, their same-sex partners, and their children. This valuable resource offers literature reviews of demographic research as well as original research based on the U.S. Census same-sex couple sample. It also provides a look at the 30-year history of right-wing anti-gay activism and the intra-community intellectual debates over the fight for marriage. "The sheer diversity of gay people and opinion shines through Cahill and Tobias's fact-packed depiction of same-sex couples and their kids, their needs and day-to-day challenges, and the movement for fairness and the freedom to marry. The disparate personal stories and struggles in this informative book underscore the importance of ending discrimination in marriage and ensuring that no family is left behind." —Evan Wolfson, Founder and Executive Director of the Freedom to Marry Project "A concise, comprehensive guide to gay-family issues that combines an impassioned progressive sensibility with a firm respect for facts." —Jonathan Rauch, senior writer and columnist for National Journal,Atlantic Monthly correspondent, and author of Gay Marriage: Why It Is Good for Gays, Good for Straights, and Good for America "Cahill and Tobias offer readers a thorough and immensely readable guide to the legal problems faced by LGBT families." —Ellen Andersen, Indiana University–Purdue University at Indianapolis "For an account of policy issues that frame lesbian, gay, bisexual, and transgender (LGBT) family lives here in the United States, one need look no further. Sean Cahill and Sarah Tobias supply accurate and up-to-date information about the legal and policy contexts of LGBT lives across the country. This book is sure to be a valuable resource for students and scholars, as well as for others seeking to understand and challenge discrimination based on sexual orientation or gender identity." —Charlotte J. Patterson, University of Virginia Sean Cahill is Director of the National Gay and Lesbian Task Force Policy Institute. Sarah Tobias is a feminist theorist and LGBT activist who earned her Ph.D. in Political Science from Columbia University. She has taught Political Theory at colleges in New York and New Jersey, and currently works as Senior Policy Analyst in the Democracy program at Demos, a New York City–based think tank.
This work examines the inconsistencies in judicial decisions surrounding the rights of gay and lesbian parents and discusses how those inconsistencies have had a negative impact on same-sex parenting and families. Drawing on every recorded judicial decision in gay and lesbian adoption and custody cases over the last fifty years, the author demonstrates how parental and sexual identities are formed and interpreted in law, and how gay and lesbian parents can harness indeterminacy to transform family law.
Part of the Queer Ideas series, edited by Michael Bronski QUEER IDEAS-a new series of LGBT hardcovers that address important intellectual questions facing the movement. The debate over marriage equality for same-sex couples rages across the country. Beyond (Straight and Gay) Marriage boldly moves the discussion forward by focusing on the larger, more fundamental issue of marriage and the law. The root problem, asserts law professor and LGBT rights activist Nancy Polikoff, is that marriage is a bright dividing line between those relationships that legally matter and those that don't. A woman married to a man for nine months is entitled to Social Security survivor's benefits when he dies; a woman living for nineteen years with a man or woman to whom she is not married receives nothing. Polikoff reframes the debate by arguing that all family relationships and households need the economic stability and emotional peace of mind that now extend only to married couples. Unmarried couples of any sexual orientation, single-parent households, extended family units, and myriad other familial configurations need recognition and protection to meet the concerns they all share: building and sustaining economic and emotional interdependence, and nurturing the next generation. Couples should have the choice to marry based on the spiritual, cultural, or religious meaning of marriage in their lives, asserts Polikoff. While marriage equality for same-sex couples is a civil rights victory, she contends that no one should have to marry in order to reap specific and unique legal results. A persuasive argument that married couples should not receive special rights denied to other families, Polikoff shows how the law can value all families, and why it must. "A much-needed intervention in the contemporary debate about marriage and family. Polikoff's argument is provocative, illuminating, and original." -John D'Emilio, author of Lost Prophet: The Life and Times of Bayard Rustin "Polikoff mobilizes an impressive array of legal history and contemporary court cases to show how marriage, whether same-sex or heterosexual, has ceased to be the only place where people incur long-term obligations. She argues vigorously that our society needs to find new ways of determining when legally-enforceable responsibilities and entitlements have accrued in interpersonal relationships." -Stephanie Coontz, author, Marriage, A History: How Love Conquered Marriage "This book really matters. It is brilliant and thoughtful, not simply about a set of laws, but as a manifesto to transform the way we understand, recognize and respect the reality of our diverse and complex family compositions. Polikoff grounds her arguments in the 35 year history of social change activism in this country to construct a passionate and nuanced argument for expanding our same sex marriage activism to include all of the ways people love, form families and build community." -Amber Hollibaugh, Senior Strategist, National Gay and Lesbian Task Force, and author of My Dangerous Desires: A Queer Girl Dreaming her Way Home "Passionate but completely grounded in reality, Polikoff challenges LGBT rights advocates to see beyond gay equality arguments and question the fundamental fairness of limiting family recognition based on marriage, gay or straight. It is a powerful call for social justice." -Nan D. Hunter, founder of the American Civil Liberties Union Lesbian Gay Bisexual Transgender Project and Professor of Law, Brooklyn Law School "A provocative and perspicuous intervention in one of the most devilish recent debates in U.S. law and politicshellip;In a principled yet pragmatic analysis, Polikoff mounts a compelling case against the continued grip of 'conjugalism'on our family law and policy. Beyond (Straight and Gay) Marriage challenges us
LGBTQ Divorce and Relationship Dissolution: Psychological and Legal Perspectives and Implications for Practice brings together social science and legal perspectives to examine the timely topic of relationship dissolution and divorce among sexual and gender minorities.