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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.


International Covenants and LGBT Rights

International Covenants and LGBT Rights
Author: JASON LAWRENCE
Publisher: JASON LAWRENCE
Total Pages: 178
Release: 2024-06-27
Genre: Law
ISBN:

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This book is a comprehensive exploration of the legal landscape surrounding LGBT rights in the United States. From early advocacy movements to landmark Supreme Court decisions, this book traces the historical journey towards equality and justice for LGBT individuals. Beginning with the origins of early advocacy and the transformative impact of the Stonewall Riots, the book examines pivotal constitutional principles such as the Equal Protection Clause, Due Process Clause, and the First Amendment's implications for freedom of expression within the context of LGBT rights. International perspectives are also explored through the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, offering a comparative framework for understanding global struggles and successes in LGBT rights. Key chapters delve into critical legal battles, including the history of marriage equality, employment discrimination, transgender rights, and religious liberty. Each section analyzes constitutional arguments, pivotal Supreme Court cases such as Romer v. Evans, Lawrence v. Texas, United States v. Windsor, and Obergefell v. Hodges, and the broader implications of these decisions on shaping legal precedent and societal attitudes. The book also examines the role of federal legislation, executive actions, and state and local laws in advancing or hindering LGBT rights. Emerging issues and contemporary strategies for furthering LGBT equality are discussed, highlighting ongoing challenges and opportunities for advocacy and legal reform.


Created Equal

Created Equal
Author: Michael Nava
Publisher: St. Martin's Griffin
Total Pages: 197
Release: 2014-12-16
Genre: Social Science
ISBN: 1466887397

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Why should Americans who are not gay care about gay rights? In Created Equal, Michael Nava and Robert Dawidoff argue that the movement for gay equality is central to the continuing defense of individual liberty in America. Beginning with an examination of the determined assault on gay issues by the religious right, the authors show how this sectarian movement to legislate private religious morality into law undermines the purpose of American constitutional government: the protection of the individual's right to determine how best to live his or her life. The book starts from the premise that gay men and lesbians are, first and foremost, American citizens, and then looks to what rights belong to every individual American citizen, arguing from the Declaration of Independence and the Constitution. Addressing their argument to the great majority of their fellow Americans, Dawidoff and Nava emphasize that what is at stake is not the fate of the gay community, but the future of constitutional principle and the rights of free individuals in American society.


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: History
ISBN: 0674972198

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Carlos A. Ball argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents, they should take care not to forget the crucial role the First Amendment played in the early decades of the movement, and not to erode the safeguards of liberty that allowed LGBT rights to exist in the first place.


Religious Freedom in an Egalitarian Age

Religious Freedom in an Egalitarian Age
Author: Nelson Tebbe
Publisher: Harvard University Press
Total Pages: 279
Release: 2017-01-01
Genre: Law
ISBN: 0674971434

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Nelson Tebbe shows how a method called social coherence offers a way to resolve conflicts between advocates of religious freedom and proponents of equality law. Based on the way people reason through moral problems in everyday life, it can lead to workable solutions in a wide range of issues, including gay rights and women’s reproductive choice.


Free Speech on Campus

Free Speech on Campus
Author: Erwin Chemerinsky
Publisher: Yale University Press
Total Pages: 216
Release: 2017-09-12
Genre: Political Science
ISBN: 0300231865

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Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this clear and carefully reasoned book, a university chancellor and a law school dean—both constitutional scholars who teach a course in free speech to undergraduates—argue that campuses must provide supportive learning environments for an increasingly diverse student body but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers clear prescriptions for what colleges can and can’t do when dealing with free speech controversies.


God vs. Gay?

God vs. Gay?
Author: Jay Michaelson
Publisher: Beacon Press
Total Pages: 214
Release: 2011-10-25
Genre: Religion
ISBN: 0807001600

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A passionate argument for LGBTQ equality within religious communities—“a book for our times and a book for the ages” (EDGE) The myth that the Bible forbids homosexuality—the myth of “God versus Gay”—is behind some of the most divisive and painful conflicts of our day. In this provocative and game-changing book, scholar and activist Jay Michaelson shows that the Bible does not prohibit same-sex intimacy but does quite the opposite. In fact, the vast majority of the Bible’s teachings support the full equality and dignity of LGBTQ people, from the first flaw it finds in creation (“It is not good for a person to be alone”) to the way religious communities grow through reflection and conscience. Michaelson argues passionately for equality—not despite religion, but because of it. With close readings of the Hebrew Bible and New Testament, the latest data on the science of sexual orientation, and a sympathetic, accessible, and ecumenical approach to religious faith, Michaelson makes the case that sexual diversity is part of the beauty of nature. The recognition of same-sex families will strengthen, not threaten, the values religious people hold dear. Whatever your views on religion and sexual diversity, God vs. Gay is a plea for a more compassionate, informed conversation—and a first step toward creating one.


Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


A Fundamental Freedom

A Fundamental Freedom
Author: David Lampo
Publisher: Rowman & Littlefield Publishers
Total Pages: 212
Release: 2012-06-08
Genre: Political Science
ISBN: 1442215739

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It is an axiom of modern American politics that many Republicans and most conservatives are not only anti-gay but that they have capitulated to an anti-gay agenda formulated and pursued by the religious right for the past several decades. In A Fundamental Freedom, David Lampo makes the case that support for gay rights will provide long-term political benefits for the GOP and the conservative movement. He argues that an anti-gay agenda succinctly exposes the hypocrisy of those who talk of limited government and individual rights but ignore both when it comes to gay rights and other personal freedom issues. Indeed, it is the defenders of gay rights within Republican ranks who are keeping faith with core conservative principles. He also presents a variety of polling data that show that rank-and-file Republicans, including many Tea Party supporters, are far more supportive of gay rights than commonly presumed. Lampo’s call to embrace gay rights is sure to be hotly debated within the conservative movement.


The Morality of Gay Rights

The Morality of Gay Rights
Author: Carlos Ball
Publisher: Routledge
Total Pages: 288
Release: 2014-04-08
Genre: Political Science
ISBN: 1135317364

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In The Morality of Gay Rights, Ball presents a comprehensive exploration of the connection between gay rights and political philosophy. He discusses the writing of contemporary political and legal philosophers-including Rawls, Walzer, Nussbaum, Sandel, Rorty and Dworkin-to evaluate how their theoretical frameworks fit the specific gay rights controversies, such as same-sex marriage and parenting by lesbians and gay men, that are part of our nation's political and legal debates.