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Constitutional Courts, Gay Rights and Sexual Orientation Equality

Constitutional Courts, Gay Rights and Sexual Orientation Equality
Author: Angioletta Sperti
Publisher: Bloomsbury Publishing
Total Pages: 256
Release: 2017-05-04
Genre: Law
ISBN: 178225644X

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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.


Gay Rights and American Law

Gay Rights and American Law
Author: Daniel R. Pinello
Publisher: Cambridge University Press
Total Pages: 372
Release: 2003-06-09
Genre: Law
ISBN: 9780521012140

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Table of contents


Religious Freedom and Gay Rights

Religious Freedom and Gay Rights
Author: Timothy Samuel Shah
Publisher: Oxford University Press
Total Pages: 361
Release: 2016
Genre: Law
ISBN: 0190600608

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In the United States and Europe, an increasing emphasis on equality has pitted rights claims against each other, raising profound philosophical, moral, legal, and political questions about the meaning and reach of religious liberty. Nowhere has this conflict been more salient than in the debate between claims of religious freedom, on one hand, and equal rights claims made on the behalf of members of the lesbian, gay, bisexual, and transgender (LGBT) community, on the other. As new rights for LGBT individuals have expanded in liberal democracies across the West, longstanding rights of religious freedom -- such as the rights of religious communities to adhere to their fundamental teachings, including protecting the rights of conscience; the rights of parents to impart their religious beliefs to their children; and the liberty to advance religiously-based moral arguments as a rationale for laws -- have suffered a corresponding decline. Timothy Samuel Shah, Thomas F. Farr, and Jack Friedman's volume, Religious Freedom and Gay Rights brings together some of the world's leading thinkers on religion, morality, politics, and law to analyze the emerging tensions between religious freedom and gay rights in three key geographic regions: the United States, the United Kingdom, and continental Europe. What implications will expanding regimes of equality rights for LGBT individuals have on religious freedom in these regions? What are the legal and moral frameworks that govern tensions between gay rights and religious freedom? How are these tensions illustrated in particular legal, political, and policy controversies? And what is the proper way to balance new claims of equality against existing claims for freedom of religious groups and individuals? Religious Freedom and Gay Rights offers several explorations of these questions.


The Constitutional Underclass

The Constitutional Underclass
Author: Evan Gerstmann
Publisher: University of Chicago Press
Total Pages: 208
Release: 1999-04
Genre: Law
ISBN: 9780226288598

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When the Supreme Court struck down Colorado's Amendment 2—which would have nullified all state and local laws protecting gays and lesbians from discrimination—it was widely regarded as a victory for gay rights. Yet many gays and lesbians still risk losing their jobs, custody of their children, and even their liberty under the law. Using the Colorado initiative as his focus, Gerstmann untangles the complex standards and subtle rhetoric the Supreme Court uses to apply the equal protection clause. The Court divides people into legal classes that receive varying levels of protection; gays and lesbians and other groups, such as the elderly and the poor, receive the least. Gerstmann reveals how these standards are used to favor certain groups over others, and also how Amendment 2 advocates used the Court's doctrine to convince voters that gays and lesbians were seeking "special rights" in Colorado. Concluding with a call for wholesale reform of equal-protection jurisprudence, this book is essential reading for anyone interested in fair, coherent, and truly equal protection under the law.


The Long Arc of Justice

The Long Arc of Justice
Author: Richard Mohr
Publisher: Columbia University Press
Total Pages: 157
Release: 2007-05
Genre: Law
ISBN: 0231135211

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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.


Marriage Rights and Gay Rights

Marriage Rights and Gay Rights
Author: Barbara Gottfried Hollander
Publisher: The Rosen Publishing Group, Inc
Total Pages: 114
Release: 2014-07-15
Genre: Juvenile Nonfiction
ISBN: 1477775145

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One would think that by now the issue of marriage and the simple right for two people who love one another to be together would be settled. Even in the 21st century, people ask, "What is marriage?" Although the word "marriage" isn't even mentioned in the Constitution, readers will learn why this issue has been a subject of debate for years, whether for interracial or same-sex couples. Primary source documents, quotes, and explanations of Supreme Court rulings help set the scene and tell the evolving tale of equality for marriage rights in the United States.


The First Amendment and LGBT Equality

The First Amendment and LGBT Equality
Author: Carlos A. Ball
Publisher: Harvard University Press
Total Pages: 363
Release: 2017-03-27
Genre: Law
ISBN: 0674977963

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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.


Sexual Orientation and Legal Rights

Sexual Orientation and Legal Rights
Author: Alba Conte
Publisher: Aspen Publishers
Total Pages: 784
Release: 1998
Genre: Law
ISBN:

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This comprehensive guide covers gay rights issues and legal development in the areas of employment law, civil rights law, and family law. it covers topics such as: Constitutional issues Employment discrimination Same-sex harassment Same-sex couple benefits Tort and contract claims Same-sex marriage Dissolution of relationships Child custody and adoption issues Housing and property rights Federal and state statutory and case law discussed, and a state-by-state survey of gay-related statutes and case law is included.


Queers in Court

Queers in Court
Author: Susan Gluck Mezey
Publisher: Rowman & Littlefield
Total Pages: 290
Release: 2007
Genre: Gay people
ISBN: 0742549321

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This book examines the gay community's efforts to achieve social and legal reform in the United States from the 50s to the 2000s within the "rights-based" discourse characteristic of earlier civil rights struggles.


Homosexuality in the Jurisprudence of the Supreme Court of India

Homosexuality in the Jurisprudence of the Supreme Court of India
Author: Yeshwant Naik
Publisher: Springer
Total Pages: 221
Release: 2017-04-07
Genre: Law
ISBN: 3319554352

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The book analyses the Indian Supreme Court’s jurisprudence on homosexuality, its current approach and how its position has evolved in the past ten years. It critically analyses the Court’s landmark judgments and its perception of equality, family, marriage and human rights from an international perspective. With the help of European Court of Human Rights’ judgments and international conventions, it compares the legal and social discrimination meted out to the Indian LGBTI community with that in the international arena. From a social anthropological perspective, it demonstrates how gay masculinity, although marginalized, serves as a challenge to patriarchy and hegemonic masculinity. This unique book addresses the lack of in-depth literature on gay masculinity, elaborately narrating and analysing contemporary gay masculinity and emerging gay lifestyles in India and highlighting the latest research on the subject of homosexuality in general and in particular with respect to India. It also discusses several new issues concerning the gay men in India supported by the living law approach put forth by Eugen Ehrlich.