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In the courts, the best chance for achieving a broad set of rights for gays and lesbians lies with judges who view liberalism as grounded in an expansion of rights rather than a constraint of government activity. At a time when most gay and lesbian politics focuses only on the issue of gay marriage, Courts, Liberalism, and Rights guides readers through a nuanced discussion of liberalism, court rulings on sodomy laws and same-sex marriage, and the comparative progress gays and lesbians have made via the courts in Canada. As debates continue about the ability of courts to affect social change, Jason Pierceson argues that this is possible. He claims that the greatest opportunity for reform via the judiciary exists when a judiciary with broad interpretive powers encounters a political culture that endorses a form of liberalism based on broadly conceived individual rights; not a negative set of rights to be held against the state, but a set of rights that recognizes the inherent dignity and worth of every individual.
Focusing on six major Supreme Court cases during the 1960s and 1970s, Marc Stein examines the generally liberal rulings on birth control, abortion, interracial marriage, and obscenity in Griswold, Eisenstadt, Roe, Loving, and Fanny Hill alongside a profoundly conservative ruling on homosexuality in Boutilier. In the same era in which the Court recognized special marital, reproductive, and heterosexual rights and privileges, it also upheld an immigration statute that classified homosexuals as "psychopathic personalities." Stein shows how a diverse set of influential journalists, judges, and scholars translated the Court's language about marital and reproductive rights into bold statements about sexual freedom and equality.
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.
"From Harvey Milk to Barney Frank, and from ACT UP to Proposition 8, in the past few decades, no political change has been more significant than the civil rights advancements of LGBTQ citizens. LGBTQ Politics is the first authoritative reader to approach the complexity of queer politics from a political science persective, bringing together original contributions from leadings scholars in the field on key issues in LGBTQ politics. These original essays cover a wide range of essential topics, including marriage equality, transgender discrimination, gay and lesbian political candidates, LGBTQ human rights advocacy, HIV prevention, and LGBTQ movements of the Global South. The volume also includes a number of critical essays that reflect upon the state of political science as a discipline that has struggled to address queer politics. Contributors draw from a variety of subfields in political science, including comparative politics, political theory, American politics, public law, and international relations. Essays that focus on mainstream institutional politics appear alongside contributions grounded in grassroots movements and critical theory. While some essays express concerns that the democratic basis of the LGBTQ movement has been undermined, others celebrate the movement's successes and offer visions for the future. A comprehensive, thought-provoking, and authoritative collection, LGBTQ Politics: A Critical Reader is required reading for anyone looking to learn about the politics of sexuality"--Back cover.
DIVInvestigates the complex histories and conflicting desires that are generally concealed behind the term “democracy.”/div
A groundbreaking work that turns a “queer eye” on the criminal legal system Drawing on years of research, activism, and legal advocacy, Queer (In)Justice is a searing examination of queer experiences as “suspects,” defendants, prisoners, and survivors of crime. The authors unpack queer criminal archetypes—from “gleeful gay killers” and “lethal lesbians” to “disease spreaders” and “deceptive gender benders”—to illustrate the punishment of queer expression, regardless of whether a crime was ever committed. Tracing stories from the streets to the bench to behind prison bars, the authors prove that the policing of sex and gender both bolsters and reinforces racial and gender inequalities. An eye-opening study of LGBTQ rights and equality, Queer (In)Justice illuminates and challenges the many ways in which queer lives are criminalized, policed, and punished.
Díez explores how and why Latin America has become a leader among nations in the passage of gay marriage legislation.
In this pathbreaking work, Jasbir K. Puar argues that configurations of sexuality, race, gender, nation, class, and ethnicity are realigning in relation to contemporary forces of securitization, counterterrorism, and nationalism. She examines how liberal politics incorporate certain queer subjects into the fold of the nation-state, through developments including the legal recognition inherent in the overturning of anti-sodomy laws and the proliferation of more mainstream representation. These incorporations have shifted many queers from their construction as figures of death (via the AIDS epidemic) to subjects tied to ideas of life and productivity (gay marriage and reproductive kinship). Puar contends, however, that this tenuous inclusion of some queer subjects depends on the production of populations of Orientalized terrorist bodies. Heteronormative ideologies that the U.S. nation-state has long relied on are now accompanied by homonormative ideologies that replicate narrow racial, class, gender, and national ideals. These “homonationalisms” are deployed to distinguish upright “properly hetero,” and now “properly homo,” U.S. patriots from perversely sexualized and racialized terrorist look-a-likes—especially Sikhs, Muslims, and Arabs—who are cordoned off for detention and deportation. Puar combines transnational feminist and queer theory, Foucauldian biopolitics, Deleuzian philosophy, and technoscience criticism, and draws from an extraordinary range of sources, including governmental texts, legal decisions, films, television, ethnographic data, queer media, and activist organizing materials and manifestos. Looking at various cultural events and phenomena, she highlights troublesome links between terrorism and sexuality: in feminist and queer responses to the Abu Ghraib photographs, in the triumphal responses to the Supreme Court’s Lawrence decision repealing anti-sodomy laws, in the measures Sikh Americans and South Asian diasporic queers take to avoid being profiled as terrorists, and in what Puar argues is a growing Islamophobia within global queer organizing.
A chronicle of the modern struggle for gay, lesbian and transgender rights draws on interviews with politicians, military figures, legal activists and members of the LGBT community to document the cause's struggles since the 1950s.
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 in a decision as groundbreaking as Roe v Wade and Brown v Board of Education. 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—Part Erin Brockovich, part Milk, part Still Alice—chronicles how this grieving man and his lawyer, against overwhelming odds, introduced the most important gay rights case in U.S. history. It is an urgent and unforgettable account that will inspire readers for many years to come.