LibGuides: Genders/Sexualities &amp; Anti-LGBTQ+ Violence: Cases and Legal Research

Casebooks and Study Aids

Cases and Materials on Sexual Orientation and the Law by William Rubenstein; Carlos Ball; Jane Schacter
Call Number: KF4754.5.A7 L48 2008
ISBN: 9780314149107
Publication Date: 2007-11-30
This updated edition continues the casebook's tradition of weaving historical, sociological, and literary perspectives into the legal material. The edition includes a new chapter on equality, which places sexual orientation in the broader context of constitutional claims of discrimination. It also provides up-to-date and expanded treatment of the marriage debate, Lawrence v. Texas, and many other contemporary controversies. Finally, this edition adds coverage of gender identity issues that allows for the exploration of the differences and similarities between sexual orientation and gender identity discrimination.
Research Handbook on Gender, Sexuality and the Law by Chris Ashford (Editor); Alexander Maine (Editor)
Call Number: Ebook
ISBN: 9781788111140
Publication Date: 2020-03-02
This innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents wide-ranging insights and debates from across the globe, including Africa, Asia, Eastern Europe and Australia, with contributions from leading scholars and activists alongside exciting emergent voices.Chapters address a range of current arguments and issues, providing an enhanced theoretical framework and evolving understanding from a variety of feminist and queer perspectives. Relationship recognition debates and LGBT activism and scholarship are examined and discussed, as well as questions around bodily autonomy, kink identities, pornography and healthcare access rights. Research exploring the lived experiences of people facing challenges such as domestic violence, asylum, femicide and hate crime is also assessed.This Research Handbook will be an invaluable resource for researchers and students in the fields of law, sexuality and gender, as well as family studies, sociology, media and cultural studies, and medicine. Activists will also benefit from its scholarly insight into key policy debates and future strategy.
Sexuality, Gender, and the Law by William N. Eskridge; Nan D. Hunter
Call Number: KF9325 .E84 2011
ISBN: 9781599414126
Publication Date: 2011-05-11
This casebook offers law professors and students a doctrinally comprehensive, theoretically ambitious, and up-to-date exploration of the treatment of sexuality and gender in American public law. Much shortened as well as updated, the Third Edition starts with a doctrinal overview before focusing tightly on Lawrence v. Texas (the leading sodomy case) and Planned Parenthood v. Casey (the leading abortion case) and the post-Lawrence and post-Casey treatment of sexuality and gender in the law.
Sexual Orientation, Gender Identity, and the Law in a Nutshell by Ruth Colker
Call Number: KF4754.5 .C65 2017
ISBN: 9781634608992
Publication Date: 2016-12-02
This Nutshell presents a very timely overview of legal topics relating to sexual orientation, gender identity and the law. Topics covered include: regulation of sexuality, gender identity and expression, parenthood, marriage, United States military, nondiscrimination statutes and ordinances, freedom of expression, freedom of association, and religious freedom. Discussion includes developments at the federal, state and local level. Statutes discussed include Title VII of the Civil Rights Act of 1964; Title IX; the Fair Housing Act; the Affordable Care Act; Don't Ask, Don't Tell; Defense of Marriage Act, as well as some of the anti-gay rights measures that have been adopted in various statutes such as North Carolina.

Treatises and Practice Guides

Gender Identity & Sexual Orientation Discrimination in the Workplace: A Practical Guide, by Christine Michelle Duffy, Denise M. Visconti, with the assistance of The National LGBT Bar Association and its Executive Director D'Arcy Kemnitz
The first book to comprehensively address workplace law and human resource practice relating to gender identity, sexual orientation, and gender expression, Gender Identity and Sexual Orientation Discrimination in the Workplace is a must-have for labor and employment lawyers and human resource (HR) professionals. Antidiscrimination law in this area has exploded over the past five years as more states and courts have expanded the law to protect lesbian, gay, bisexual, and transgender (LGBT) employees. This groundbreaking volume extensively discusses the current status of this rapidly changing area of law and serves as a critical tool for workplace law practitioners. This new treatise surveys state and federal employment laws applicable to LGBT employees and discusses a wide range of HR best practices. Both legal and HR components are contextualized by a collection of 19 essays discussing the implications of gender and sexual orientation in society, across areas such as education, religion, and the workplace, as well in the lives of several essayists who have shared their personal stories and recommendations for employers, thus making this volume an invaluable all-in-one resource. Gender Identity and Sexual Orientation Discrimination in the Workplace explores: Employment discrimination laws, immigration law, labor arbitration, and plaintiff and defense litigation tactics and strategies Landmark decisions in Schroer v. Billington, Glenn v. Brumby, Macy v. Holder, and United States v. Windsor Summaries of employment laws relating to LGBT issues in all 50 states, the District of Columbia, and Puerto Rico Practical solutions for HR professionals implementing policies, practices, and programs that respond to the changes in the law and the growing social acceptance of LGBT employees Intersections of gender and sexual orientation with culture, education, politics, religion, and the workplace In addition, this book also features detailed case summaries, coverage of Title VII and ADA case law, and a comprehensive discussion of the challenges presented by LGBT terminology. Written and reviewed by more than 125 expert contributors on both sides of the employee management divide, this treatise provides both insightful commentary and pragmatic guidance with regard to navigating this evolving area of antidiscrimination law in the workplace.
Available on Bloomberg Law.
Hate Crimes Law, by Zachary J. Wolfe
Whether you're representing a victim in a civil action or you're challenging prosecution on constitutional issues, Hate Crimes Law, 2020 ed. gives you the most current analysis and expert legal guidance concerning the federal and state statutes that were specifically enacted to punish or enhance the punishment for acts of bias-motivated crimes.

In this work, you'll find:
Analysis of the types of conduct that fall under a particular type of statute
Discussions of elements of proof and potential areas for constitutional challenge
Analysis of recent U.S. Supreme Court constitutional cases
A jurisdictional review appendix, with a state-by-state listing of statutes and cases involving hate crimes
Examples of monetary damage and injunctive relief for victims of hate crimes
A guide to the constitutional issues related to the federal hate crime statutes
Federal criminal civil rights statutes that are used to prosecute hate crimes
Constitutional issues related to the federal hate crime statutes
Federal sentencing issues
State criminal laws

Features
Analyzes prosecutors use of 18 U.S.C. sec. 247 prohibiting damaging religious property and forcibly obstructing religious beliefs
Expert analysis of recent U.S. Supreme Court constitutional cases
Analyzes prosecutors use of 18 U.S.C. sec. 247 prohibiting damaging religious property and forcibly obstructing religious beliefs
Features changes to federal sentencing guidelines, enhancing sentences for hate crimes
Table of cases
Expert analysis of recent U.S. Supreme Court constitutional cases
Table of cases
Features changes to federal sentencing guidelines, enhancing sentences for hate crimes
Lesbian, Gay, Bisexual & Transgender Family Law, by Courtney G. Joslin, Shannon Price Minter, and Catherine Sakimura
Lesbian, Gay, Bisexual, and Transgender Family Law is the definitive resource for family law attorneys who are involved in cases involving LGBT people. This treatise provides a comprehensive, state-specific guide to a range of family law issues as they affect LGBT people. This resource not only provides a detailed overview of the existing law, but it also lays out potential arguments or approaches that can be raised when an LGBT person faces challenges or hurdles due to his or her sexual orientation or gender identity.
Topics include:

• Custody and visitation cases in which one parent seeks to use the other parent’s sexual orientation or gender identity as a basis for denying or restricting custody or visitation.
• Challenges LGBT people may face in the adoption and foster care context.
• The legal parentage of children born to LGBT individuals or families through assisted reproductive technologies.
• Whether and under what circumstances an LGBT person’s legal parental status will be recognized in other jurisdictions.
• Custody and visitation rights with regard to children with LGBT parents.
• Access to and recognition of marriage and other legally recognized relationships for LGBT families.
• Issues related to the dissolution and break ups of LGBT couples.
Available on Westlaw.
Sexual Orientation and the Law, by Karen Moulding and the National Lawyers Guild, Lesbian, Gay, Bisexual, and Transgender Committee
Sexual Orientation and the Law is the nation’s first and most comprehensive legal treatise for practitioners nation-wide representing lesbian, gay, bisexual, or transgendered clients; those in alternative families or facing discrimination due to alternative lifestyles or gender stereotypes; and clients with HIV or AIDS. It includes extensive legal arguments, litigation strategies, current caselaw and legislation, sample agreements, practice pointers, and forms. Topics include:
Family law matters, including same-sex marriage, civil unions, domestic partnerships, cohabitation, custody, adoption, and assisted reproduction
Estate laws and planning
Employment discrimination
Military law
Immigration
Representing clients with HIV or AIDS
And much more
Available on Westlaw

Estate Planning for Same-Sex Couples by Joan M. Burda; American Bar Association, General Practice, Solo & Small Firm Division Staff (Contribution by)
Call Number: KF750 .B87 2015
ISBN: 9781634253017
Publication Date: 2016-09-07
Estate planning is more than deciding how an estate will be divided post-mortem. Sure that is a part of it, but the other part is .life planning. The key is honing in on the best way to protect your clients' interests during their lifetime. This new edition of Estate Planning for Same-Sex Couples by award-winning author Joan M. Burda attempts to address certain struggles for equality and how these issues affect estate planning for LGBT clients. For example, not all same-sex couples get married. This book will help lawyers better represent their clients as they address the present as well as future needs of their clientele."
Gay, Lesbian and Transgender Clients by Joan M. Burda
Call Number: KF337.5.G38 B87 2008
ISBN: 9781590319444
Publication Date: 2008-04-04
This book will introduce lawyers and their clients to the legal landscape as it relates to lesbian, gay and transgender persons today. This book provides the opportunity to look at legal issues from different perspectives. In addition to case law, statutes and a discussion of legal issues, this book also introduces the reader to people who make up the lesbian/gay/transgender community.
Transgender Family Law by Jennifer Levi (Editor)
Call Number: HQ77.9 .T73 2012
ISBN: 9781468552140
Publication Date: 2012-04-18
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.

Books about Law, Legal Cases, and Legal Research (2010 - Present)

Advancing Equality by Jody Heymann; Aleta Sprague; Amy Raub; Dikgang Moseneke (Foreword by)
Call Number: K3250 H49 2020
ISBN: 9780520309630
Publication Date: 2020-01-14
In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country's future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all. A free open access ebook is available upon publication. Learn more at www.luminosoa.org.
Awakening by Nathaniel Frank
Call Number: HQ1034.U5 F73 2017
ISBN: 9780674737228
Publication Date: 2017-04-24
The right of same-sex couples to marry provoked decades of intense conflict before it was upheld by the U.S. Supreme Court in 2015. Yet some of the most divisive contests shaping the quest for marriage equality occurred not on the culture-war front lines but within the ranks of LGBTQ advocates. Nathaniel Frank tells the dramatic story of how an idea that once seemed unfathomable - and for many gays and lesbians undesirable - became a legal and moral right in just half a century. Awakening begins in the 1950s, when millions of gays and lesbians were afraid to come out, let alone fight for equality. Across the social upheavals of the next two decades, a gay rights movement emerged with the rising awareness of the equal dignity of same-sex love. A cadre of LGBTQ lawyers soon began to focus on legal recognition for same-sex couples, if not yet on marriage itself. It was only after being pushed by a small set of committed lawyers and grassroots activists that established movement groups created a successful strategy to win marriage in the courts. Marriage equality proponents then had to win over members of their own LGBTQ community who declined to make marriage a priority, while seeking to rein in others who charged ahead heedless of their carefully laid plans. All the while, they had to fight against virulent antigay opponents and capture the American center by spreading the simple message that love is love, ultimately propelling the LGBTQ community - and America - immeasurably closer to justice.
Critical Queer Studies by Casey Charles
Call Number: KF4754.5 .C47 2012
ISBN: 9781409444060
Publication Date: 2012-06-28
Critical Queer Studies examines contemporary films and documentaries that dramatize the intersection of law and queer life, analyzing the effects of legal doctrines-jury selection, unwanted sexual advance, negligence, hate crimes, and gay marriage-on the production and reception of queer film and fiction. Exploring the interaction of these discourses by discussing internationally-known American films, the book demonstrates how the law maintains its hold over the queer subject through promoting certain ideological fictions and conversely how film and literature draw upon the material realities of queer legal status to dramatize conflicts between law and the marginalized subject. Critical Queer Studies synthesizes queer studies, law and literature, and film studies, engaging these fields to show how the struggle for gay and lesbian rights has influenced the production of film and fiction.
From Disgust to Humanity by Martha C. Nussbaum
Call Number: KF4754.5 .N87 2010
ISBN: 9780195305319
Publication Date: 2010-02-18
A distinguished professor of law and philosophy at the University of Chicago, a prolific writer and award-winning thinker, Martha Nussbaum stands as one of our foremost authorities on law, justice, freedom, morality, and emotion. In From Disgust to Humanity, Nussbaum aims her considerable intellectual firepower at the bulwark of opposition to gay equality: the politics of disgust.Nussbaum argues that disgust has long been among the fundamental motivations of those who are fighting for legal discrimination against lesbian and gay citizens. When confronted with same-sex acts and relationships, she writes, they experience "a deep aversion akin to that inspired by bodily wastes,slimy insects, and spoiled food--and then cite that very reaction to justify a range of legal restrictions, from sodomy laws to bans on same-sex marriage." Leon Kass, former head of President Bush's President's Council on Bioethics, even argues that this repugnance has an inherent "wisdom," steering us away from destructive choices. Nussbaum believes that the politics of disgust must be confronted directly, for it contradicts the basic principle of the equality of all citizens under the law. "It says that the mere fact that you happen to make me want to vomit is reason enough for me to treat you as a social pariah, denying you some of your most basic entitlements as a citizen." In its place she offers a "politics of humanity," based not merely on respect, but something akin to love, an uplifting imaginative engagement with others, an active effort to see the world from their perspectives, as fellow human beings. Combining rigorous analysis of the leading constitutional cases with philosophical reflection about underlying concepts of privacy, respect, discrimination, and liberty, Nussbaum discusses issues ranging from non-discrimination and same-sex marriage to "public sex." Recent landmark decisions suggest that the views of state and federal courts are shifting toward a humanity-centered vision, and Nussbaum's powerful arguments will undoubtedly advance that cause. Incisive, rigorous, and deeply humane, From Disgust to Humanity is a stunning contribution to Oxford's distinguished Inalienable Rights series.
Gay Priori by Libby Adler
Call Number: KF4754.5 .A35 2018
ISBN: 9780822371182
Publication Date: 2018-04-27
Libby Adler offers a comprehensive critique of the mainstream LGBT legal agenda in the United States, showing how LGBT equal rights discourse drives legal advocates toward a narrow array of reform objectives that do little to help the lives of the most marginalized members of the LGBT community.
Gender, Sexualities and Law by Jackie Jones (Editor); Rachel Anne Fenton (Editor); Anna Grear (Editor); Kim Stevenson (Editor)
Call Number: K644 .G459 2011
ISBN: 9780415574396
Publication Date: 2011-03-17
Bringing together an international range of academics, Gender, Sexualities and Law provides a comprehensive interrogation of the range of contemporary issuesnbsp;- both topical and controversialnbsp;- raised by the gendered character of law, legal discourse and institutions. The gendering of law, persons and the legal profession, along with the gender bias of legal outcomes, has been a fractious, but fertile, focus of reflection. It has, moreover, been an important site of political struggle. This collection of essays offers an unrivalled examination of its various contemporary dimensions, focusing on: issues of theory and representation; violence, both national and international; reproduction and parenting; and partnership, sexuality, marriage and the family. Gender, Sexualities and Law will be invaluable for all those engaged in research and study of the law (and related fields) as a form of gendered power.
Gender Nonconformity and the Law by Kimberly A. Yuracko
Call Number: Ebook
ISBN: 0300125852
Publication Date: 2016-01-26
When the Civil Rights Act of 1964 was passed, its primary target was the outright exclusion of women from particular jobs. Over time, the Act's scope of protection has expanded to prevent not only discrimination based on sex but also discrimination based on expression of gender identity. Kimberly Yuracko uses specific court decisions to identify the varied principles that underlie this expansion. Filling a significant gap in law literature, this timely book clarifies an issue of increasing concern to scholars interested in gender issues and the law.]]>
Hate and Bias Crime by Barbara Perry (Editor)
Call Number: Ebook
ISBN: 9781136072901
Publication Date: 2012-11-12
Covering everything from hate groups and extremist exploits to Black church arsons and the fall out violence from 9/11; this is an important collection that sheds much-needed light on this growing problem.
Law, Politics and the Gender Binary by Petr Agha (Editor)
Call Number: K3242.3 .L39 2019
ISBN: 9781138486058
Publication Date: 2018-08-16
The distinction between male and female, or masculinity and femininity, has long been considered to be foundational to society and the organization of its institutions. In the last decades, the massive literature on gender has challenged this discursive construction. Gender has been disassembled and reassembled, variously considered as social practice, performance, ideology. Yet the binary relationship - man/woman - continues to be a characteristic trait of Western societies. This book gathers together contributions by experts in various fields - including law, sociology, philosophy and anthropology - to pin down the relationship between institutions and the gender binary. Centrally, it examines the way in which the present-day gender binary is shored up by the conceptualization and regulation of sex and gender at societal and institutional levels. Based on this examination, it tackles the issue of what the practices and processes of subjectivation are that preserve this binary distinction as the foundation of gender. Each of the chapters discusses this pressing question with a view to considering whether current equality policies challenge hierarchical and hegemonic understandings of gender or are the residue of a sexist understanding of gender. This analysis then paves the way for a more general and crucial question: whether institutions can, or should, contribute to the process of deconstructing the gender binary.
Law and the Gay Rights Story by Walter Frank
Call Number: Ebook
ISBN: 9780813568713
Publication Date: 2014-08-05
For much of the 20th century, American gays and lesbians lived in fear that public exposure of their sexualities might cause them to be fired, blackmailed, or even arrested. Today, they are enjoying an unprecedented number of legal rights and protections. Clearly, the tides have shifted for gays and lesbians, but what caused this enormous sea change? In his gripping new book, Walter Frank offers an in-depth look at the court cases that were pivotal in establishing gay rights. But he also tells the story of those individuals who were willing to make waves by fighting for those rights, taking enormous personal risks at a time when the tide of public opinion was against them. Frank's accessible style brings complex legal issues down to earth but, as a former litigator, never loses sight of the law's human dimension and the context of the events occurring outside the courtroom. Chronicling the past half-century of gay and lesbian history, Law and the Gay Rights Story offers a unique perspective on familiar events like the Stonewall Riots, the AIDS crisis, and the repeal of "Don't Ask, Don't Tell." Frank pays special attention to the constitutional issues surrounding same-sex marriage and closely analyzes the two recent Supreme Court cases addressing the issue. While a strong advocate for gay rights, Frank also examines critiques of the movement, including some coming from the gay community itself. Comprehensive in coverage, the book explains the legal and constitutional issues involved in each of the major goals of the gay rights movement: a safe and healthy school environment, workplace equality, an end to anti-gay violence, relationship recognition, and full integration into all the institutions of the larger society, including marriage and military service. Drawing from extensive archival research and from decades of experience as a practicing litigator, Frank not only provides a vivid history, but also shows where the battle for gay rights might go from here.
Love Unites Us by Kevin Cathcart (Editor); Leslie Gabel-Brett (Editor)
Call Number: KF539 .L68 2016
ISBN: 9781595585509
Publication Date: 2016-06-14
Love Unites Us brings together firsthand accounts from the attorneys and advocates who brought the historic cases that secured the freedom to marry for American same-sex couples. It comprises the history of activists' passion and persistence in the struggle for marriage rights for same-sex couples in the United States, told in the words of those who waged the battle. With compelling stories from leading attorneys and activists, Love Unites Us explains how gay and lesbian couples achieved the right to marry in the United States.
Out and About by American Bar Association, Commission on Sexual Orientation and Gender Identity Staff (Contribution by); National LGBT Bar Association Staff (Contribution by)
Call Number: KF3467.5 .O938 2015
ISBN: 9781634251280
Publication Date: 2016-04-07
Out and About: The LGBT Experience In the Legal Profession is intended to address the experiences of LGBT attorneys, academics, and jurists in the legal profession. Through their own words, our authors help educate and promote justice in and through the legal profession for the LGBT community in all its diversity. This book also celebrates LGBT members of the bar by recognizing this diverse group, their contributions, and their struggles. Being an individual, doing your own thing no matter what everyone else is doing, is the heart of the essays that comprise this book. The writers share their experience of at once blending in and yet feeling different, vulnerable, and exposed. They speak of the ever-present potential to be treated differently simply because of who they are, giving these essays deeper meaning. Some of these authors endured secret pain, suffering in private, hiding personal lives from colleagues. Others barely soldiered through, endeavoring just to make the lives of their clients better. And some openly achieved great success, personally, professionally, or both. Each and every one merits attention. Each chapter of this book informs and inspires readers to broaden horizons, opening minds to the vast diversity of LGBT individuals. The book aims to improve the legal profession and the justice system itself by demonstrating the vast potential within all of us. There always have been people who "dance to the beat of a different drummer." The contributors to this collection of essays hope you dance to whatever music suits you! Book jacket.
Proportionality, Equality Laws, and Religion by Megan Pearson
Call Number: K3242.3 .P43 2017
ISBN: 9781472456502
Publication Date: 2017-03-02
This book considers how the law should manage conflicts between the right of religious freedom and that of non-discrimination on the grounds of sexual orientation. These disputes are often high-profile and frequently receive a lot of media attention and public debate. Starting from the basis that both these rights are valuable and worthy of protection, but that such disputes are often characterised by animosity, it contends that a proportionality analysis provides the best method for resolving these conflicts. The work takes a comparative approach, examining the law in England and Wales, Canada, and the USA and examines four main areas of law, considering how a proportionality approach could be used in each. The book will be an invaluable resource for students and researchers in the areas of Public Law, Human Rights Law, Law and Religion, Discrimination Law, and Comparative Law.
Queer (In)Justice by Andrea Ritchie; Joey Mogul; Kay Whitlock
Call Number: KF4754.5 .M64 2011
ISBN: 9780807051160
Publication Date: 2011-02-15
A groundbreaking work that turns a "queer eye" on the criminal legal system, and winner of the2011 PASS (Prevention for a Safer Society) Award from the National Council on Crime and Delinquency 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--like "gleeful gay killers," "lethal lesbians," "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. A groundbreaking work that turns a "queer eye" on the criminal legal system, Queer (In)Justice illuminates and challenges the many ways in which queer lives are criminalized, policed, and punished.
Religious Freedom, LGBT Rights, and the Prospects for Common Ground by William N. Eskridge Jr (Editor); Robin Fretwell Wilson (Editor)
Call Number: KF4783 .R429 2019
ISBN: 9781108470155
Publication Date: 2018-11-22
The rights of lesbian, gay, bisexual, and transgender persons (LGBT) are strongly contested by certain faith communities, and this confrontation has become increasingly pronounced following the adjudication of a number of legal cases. As the strident arguments of both sides enter a heated political arena, it brings forward the deeply contested question of whether there is any possibility of both communities' contested positions being reconciled under the same law. This volume assembles impactful voices from the faith, LGBT advocacy, legal, and academic communities - from the Human Rights Campaign and ACLU to the National Association of Evangelicals and Catholic and LDS churches. The contributors offer a 360-degree view of culture-war conflicts around faith and sexuality - from Obergefell to Masterpiece Cakeshop - and explore whether communities with such profound differences in belief are able to reach mutually acceptable solutions in order to both live with integrity.
Same-Sex Relationships, Law and Social Change by Frances Hamilton (Editor); Guido Noto La Diega (Editor)
Call Number: Ebook available through Penn Library.
ISBN: 9780429021589
Publication Date: 2020-01-15
This edited collection provides a forum for rigorous analysis of the necessity for both legal and social change with regard to regulation of same-sex relationships and rainbow families, the status of civil partnership as a concept and the lived reality of equality for LGBTQ+ persons. Twenty-eight jurisdictions worldwide have now legalised same-sex marriage and many others some level of civil partnership. In contrast other jurisdictions refuse to recognise or even criminalise same-sex relationships. At a Council of Europe level, there is no requirement for contracting states to legalise same-sex marriage. Whilst the Court of Justice of the European Union now requires contracting states to recognise same-sex marriages for the purpose of free movement and residency rights, unlike the US Supreme Court, it does not require EU Member States to legalise same-sex marriage. Law and Sociology scholars from five key jurisdictions (England and Wales, Italy, Australia, Canada, and the Republic of Ireland) examine the role of the Council of Europe, European Union and further international regimes. A balanced approach between the competing views of critically analytical rights based theorists and queer and feminist theorists interrogates the current international consensus in this fast moving area. The incrementalist theory whilst offering a methodology for future advances continues to be critiqued. All contributions from differing perspectives expose that even for those jurisdictions who have legalised same-sex marriage, still further and continuous work needs to be done. The book will be of interest to students and scholars in the field of human rights, family and marriage law and gender studies.
Sexual and Gender Diversity in the Muslim World by Vanja Hamzić
Call Number: KBP2467.5 .H36 2016
ISBN: 9781784533328
Publication Date: 2015-11-23
Discrimination on the grounds of sexual orientation or gender identity is forbidden in contemporary international human rights law, yet in many interpretations of Islamic law, this is seen to contradict the tenets of Islam. Vanja Hamzic here offers a path-breaking historical and anthropological analysis of the discourses on sexual and gender diversity in the Muslim world. The first of its kind, the book sheds new light on the understanding of diversity and resistance to hegemonic visions of the self in Muslim societies. Combining first-hand ethnographic accounts of Muslims in contemporary Pakistan including the hijra community whose pluralist sexual and gender experience defy the disciplinary gaze of both international and state law with new archival research, this book provides a unique mapping of Islamic jurisprudence, court practice and social developments in the Muslim world. Hamzic provides a comprehensive look at the ways in which sexually diverse and gender-variant Muslims are seen, and see themselves, within the context of the Islamic legal tradition.
Sexuality and Transsexuality under the European Convention on Human Rights by Damian A. Gonzalez Salzberg
Call Number: KJC5144.G39 S25 2019
ISBN: 9781509914937
Publication Date: 2019-02-07
This book undertakes a critical analysis of international human rights law through the lens of queer theory. It pursues two main aims- first, to make use of queer theory to illustrate that the field of human rights law is underpinned by several assumptions that determine a conception of the subject that is gendered and sexual in specific ways. This gives rise to multiple legal and social consequences, some of which challenge the very idea of universality of human rights. Second, the book proposes that human rights law can actually benefit from a better understanding of queer critiques, since queer insights can help it to overcome heteronormative beliefs currently held. In order to achieve these main aims, the book focuses on the case law of the European Court of Human Rights, the leading legal authority in the field of international human rights law. The use of queer theory as the theoretical approach for these tasks serves to deconstruct several aspects of the Court's jurisprudence dealing with gender, sexuality, and kinship, to later suggest potential paths to reconstruct such features in a queer(er) and more universal manner.
Sexuality Gender and International Human Rights Law by Kerry O'Halloran
Call Number: K3243 .O37 2020
ISBN: 9781138337060
Publication Date: 2019-11-11
This book identifies, analyses and discusses the nexus of legal issues that have emerged in recent years around sexuality and gender. It audits these against specific human rights requirements and evaluates the outcomes as evidenced in the legislation and caselaw of six leading common law jurisdictions. Beginning with a snapshot of the legal definitions and sanctions associated with the traditional marital family unit, the book examines the subsequently evolving key concepts and constructs before outlining the contemporary international framework of human rights as it relates to matters of sexuality and gender. It proceeds by identifying a set of themes, including the rights to identity, to form a family, to privacy, to equality and to non-discrimination, and undertakes a comparative evaluation of how these and other themes indicate areas of commonality and difference in the approaches adopted in those common law jurisdictions, as illustrated by the associated legislation and caselaw. It then considers why this should be and assesses the implications.
Social Identity and the Law by Barbara L. Graham
Call Number: K376 .G73 2019
ISBN: 9781138478824
Publication Date: 2018-09-28
Social Identity and the Law: Race, Sexuality and Intersectionality is an important resource for inquiry into the relationship between law and social identity in the contexts of race, sexuality and intersectionality in the United States. The book provides a systematic legal treatment of selected historical and contemporary civil rights and social justice issues in areas affecting African Americans, Latinos/as, Asian Americans and LGBTQ persons from a law and politics perspective. It covers topics such as the legal and social construction of social identity, slavery and the rise of Jim Crow, discrimination based on national origin and citizenship, educational equity, voting rights, workplace discrimination, discrimination in private and public spaces, regulation of intimate relationships, marriage and reproductive justice, and criminal justice. Lecturers will benefit from: 57 excerpted cases accompanied with engaging questions presented at the beginning of each case to stimulate class discussion. An eResource including over 120 supplemental case excerpts and case briefs for all excerpted cases appearing in the book. Suggested reading lists at the end of each chapter recommending key articles and books to help students survey the academic literature on the topics. With a logical chapter structure and accessible writing style, this textbook is an essential companion for use on undergraduate courses on American constitutional law, civil liberties and civil rights, social justice, and race and law.
Social Jurisprudence in the Changing of Social Norms: Emerging Research and Opportunities by Karla L. Drenner
Call Number: KF380 .D74 2019
ISBN: 9781522579618
Publication Date: 2019-01-18
Equality is often trampled on by those who believe they are, in varying ways, superior. However, identifying how government systems can protect against discrimination can assist future generations in combating the harsh realities of inequality. Social Jurisprudence in the Changing of Social Norms: Emerging Research and Opportunities delivers a collection of resources dedicated to identifying sexual orientation as a protected legal class like race, color, gender, and religion using innovative research methods and the federalist responses to the LGBT movement. While highlighting topics including judicial review, LGBT politics, and social change framework, this book is ideally designed for policymakers, politicians, academicians, researchers, and students seeking current research on the analysis of legal cases that provide evidence of LGBT citizen marginalization.
States of Passion by Yvonne Zylan
Call Number: KF9325 .Z85 2011
ISBN: 9780199735082
Publication Date: 2011-04-20
In States of Passion: Law, Identity and the Social Construction of Desire, Professor Yvonne Zylan explores the role of legal discourse in shaping sexual experience, sexual expression, and sexual identity. The book focuses on three topics: anti-gay hate crime laws, same-sex sexual harassment,and same-sex marriage, examining how sexuality is socially constructed through the institutionally-specific production of legal discourse.States of Passion argues that law's power to authorize specific discourses and practices of love, desire, hatred, fear, and vulnerability remain grounded in the powerful discourses and institutional practices that mark law as dispassionate, cerebral, and fundamentally procedural. States of Passioncontends that those states of passion we experience in our daily lives as particularly significant - to our sense of self, to our collective and social identities, and to our ideas about the body and its dictates-increasingly have as much to do with the state as they do with passion.
Transgender Persons and the Law by Ally Windsor Howell
Call Number: KF4754.5 .H69 2015
ISBN: 9781634250368
Publication Date: 2016-05-07
Transgender Persons and the Law, 2nd Edition further solidifies the ABA s position as the forerunner and champion of combatting transgender discrimination and safeguarding the legal rights of all transgender individuals. This new edition is an excellent resource for lawyers as well as lay-activists engaged in transgender human and civil rights albeit in the courts or in legislative lobbying.The following areas of the law are thoroughly explained in the book: . What is transgendered'. Identification documents. Public facilities. Housing concerns. Military and veterans issues. Family law. School matters. Health care. Personal safety concerns. Keeping and securing employment. Immigration problems. Criminal imprisonment disputes Transgender Persons and the Law, 2nd Edition includes the latest regulations and policy statements (including the looming Executive Order by President Obama on LGBT discrimination by federal contractors) regarding transgenderism in addition to new cases that have been brought before the courts since the publication of the first edition of this book in summer 2013. As a bonus, the book includes a link to an online database that features a complete set of legal forms for all fifty states and the District of Columbia for name changes and for those jurisdictions that allow it, changes to birth certificates."

Books about Law, Legal Cases, and Legal Research (Pre-2010)

Courting Justice by Deb Price; Joyce Murdoc
Call Number: HQ76.8.U5 M97 2001
ISBN: 0465015131
Publication Date: 2001-05-16
Since 1958, twenty-five men and two women have forced the Supreme Court to consider whether the Constitution's promises of equal protection apply to gay Americans. Here former Washington Post editor Joyce Murdoch and her partner, celebrated lesbian columnist Deb Price, reveal how the nation's highest court has reacted to these cases-from the surprising 1958 victory of a tiny homosexual magazine to the 2000 defeat of a gay Eagle Scout. A triumph of investigative reporting, Courting Justice draws on interviews with justices' friends, relatives, and former clerks to offer an inside look at individual rulings and the often surprising context of those decisions. Murdoch and Price's careful research and passionate advocacy give us an inspiring new perspective on the unfolding of the gay rights movement in America.
Courts, Liberalism, and Rights by Jason Pierceson
Call Number: KF4754.5 .P54 2005
ISBN: 1592134009
Publication Date: 2005-10-02
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.
The Future of Gay Rights in America by H. N. Hirsch
Call Number: KF4754.5 .F88 2005
ISBN: 0415950775
Publication Date: 2005-08-29
Sandra Day O'Connor has called the gay rights movement "the first important civil rights struggle of the twenty-first century." Recent court decisions to overturn sodomy laws and to recognize gay marriage have emboldened activists, but have also resulted in a tremendous backlash, not the least of which has been a call for a constitutional amendment defining marriage as only between members of the opposite sex. Through its historical and legal contextualization of these decisions The Future of Gay Rights in America is essential for understanding an epochal moment in the history of gay rights.
Gaylaw by William N. Eskridge
Call Number: Ebook
ISBN: 0674341619
Publication Date: 1999-10-22
This text provides a comprehensive analysis of the legal issues concerning gender and sexual nonconformity in the United States. Part one, which covers the years from the post-Civil War to the 1980s, is a history of state efforts to discipline and punish the behaviour of homosexuals and other people considered to be deviant. during this period such people could get by only at the cost of suppressing their most basic feelings and emotions. Part two addresses contemporary issues. although it is no longer illegal to be openly gay in America, homosexuals still suffer from state discrimination in the military and in other realms, and private discrimination and violence against gays is prevalent. The author presents a rigorously argued case for the sexualization of the First Amendment, showing why, for example, same-sex ceremonies and intimacy should be considered expressive conduct deserving the protection of the courts.
Gay Rights and American Law by Daniel R. Pinello
Call Number: KF4754.5 .P56 2003
ISBN: 0521812747
Publication Date: 2003-06-09
Gay Rights and American Law investigates how American appellate courts dealt with the struggle for lesbian and gay civil rights during the last two decades of the twentieth century. The study is grounded on an exhaustive database of both federal and state cases, rendered between 1981 and 2000, and of the personal attributes of the judges who decided them, as well as the ideological, institutional, and legal environments in which the decisions were situated. The work both explains how diverse factors influenced the adjudication of civil rights claims during a vital era of the homosexual civil rights movement and formulates promising methodologies for the meaningful quantitative empirical study of law.
Homophobia and the Law by Amy D. Ronner
Call Number: KF4754.5 .R66 2005
ISBN: 9781591472070
Publication Date: 2005-03-15
Homosexuals have been and still are targets of discrimination in multiple spheres of life. This book examines the major junctures at which the lives of gay and lesbian people intersect with the law. The major areas covered include marriage, children, work, and death. The result of this book is a valuable resource for providing useful information to lawyers and others working with homosexuals about how to counsel and empower same-sex couples.
Moral Argument, Religion, and Same-Sex Marriage by Gordon Albert Babst; Karen Struening (Contribution by); Carlos A. Ball (Contribution by); Chai R. Feldblum (Contribution by); Emily R. Gill (Editor); Valerie Lehr (Contribution by); Samuel Marcosson (Contribution by); Jason Pierceson (Contribution by); R. Claire Snyder-Hall (Contribution by); Ron Steiner (Contribution by)
Call Number: KF539 .M67 2009
ISBN: 9780739126493
Publication Date: 2009-09-03
The diverse expert contributors to this volume from the fields of politics and law use moral argumentation with respect to same-sex marriage, gay rights in general, and California's Prop 8. The arguments are advanced in terms of the nation's foundational political and legal principles, extending ethical argumentation to important contemporary public policy areas such as marriage, the separation of church and state, and the rearing of children. Several chapters also contest the perceived if not actual establishment in the law and public policy of heterosexist and religious bias that continues to work against full and meaningful inclusion of sexual minorities. This bias is ironically and improperly couched in the language of American political and religious values, and it misunderstands the nation's core principles, or willfully miscasts them as inapplicable to many Americans and their families. Nonetheless, this bias is pervasive in the nation's political discourse, working to deny an important right and the recognition of equality to many citizens. The main contribution ofMoral Argument, Religion, and Same-Sex Marriage is in its direct engagement with the political and legal arguments of the gay community's critics on their own moral and ethical terms. Along the way, important concepts in public discourse--such as governmental neutrality, the right to marry, and religious freedom--are presented and cast in the light of liberal-democratic theory.
Out of the Closets and into the Courts by Ellen Ann Andersen
Call Number: Ebook
ISBN: 0472113976
Publication Date: 2004-12-08
Drawing heavily from the cases of the Lambda Legal Defense and Education Fund in New York City, Anderson examines the role of litigation in the movement for gay rights. She addresses in particular the circumstances under which gay rights claims are more or less likely to prevail in court; and what impact winning or losing in court has on the real l
Queer Mobilizations by Scott Barclay (Editor); Mary Bernstein; Anna-Maria Marshall
Call Number: KF4754.5 .Q84 2009
ISBN: 9780814791301
Publication Date: 2009-09-01
Fighting for marriage and family rights; protection from discrimination in employment, education, and housing; criminal law reform; economic justice; and health care reform: the LGBT movement is engaged in some of the most important cultural and political battles of our times. Seeking to reshape many of our basic social institutions, the LBGT movement's legal, political, and cultural campaigns reflect the complex visions, strategies, and rhetoric of the individuals and groups knocking at the law's door. The original essays in this volume bring social movement scholarship and legal analysis together, enriching our understanding of social movements, LGBT politics and organizing, legal studies, and public policy. Moreover, they highlight the struggle to make the law relevant and responsive to the LGBT community. Ultimately, Queer Mobilizations examines how the LGBT movement's engagement with the law shapes the very meanings of sexuality, sex, gender, privacy, discrimination, and family in law and society. Contributors: Ellen Ann Andersen, Steven A. Boutcher, Bayliss Camp, Casey Charles, Ashley Currier, Courtenay W. Daum, Shauna Fisher, David John Frank, Jonathan Goldberg-Hiller, Charles W. Gossett, Marybeth Herald, Nicholas Pedriana, Darren Rosenblum, Susan M. Sterett, and Amy L. Stone.
Queers in Court by Susan Gluck Mezey
Call Number: Ebook
ISBN: 9780742549319
Publication Date: 2007-03-09
In Queers in Court, Susan Gluck Mezey examines the contemporary battle for gay and lesbian rights in the United States, tracing the evolution of issues from same sex marriage and privacy rights to military service and employment discrimination. By combining analyses of nearly three hundred cases from both federal and state courts with detailed explorations of the paths these issues have taken through legislative and executive bodies, she provides the most comprehensive analysis of queer rights in law and policy to date. Both scholars seeking a case study in minority rights and those looking for a primer in gay and lesbian politics will find Mezey's book of interest.
Sexual Justice by Morris B. Kaplan
Call Number: HQ76.8.U5 K37 1997
ISBN: 0415905141
Publication Date: 1997-04-08
Sexual Justice defends a robust a robust conception of lesbian and gay rights, emphasizing protection against discrimination and recognition of queer relationships and families. Synthesizing materials from law, philosophy, psychoanalysis and literature, Kaplan argues that sexual desire is central to the pursuit of happiness: equal citizenship requires individual freedom to shape oneself through a variety of intimate associations.
Sexual Orientation and Legal Rights by Alba Conte
Call Number: KF4754.5 .C66 1998
ISBN: 0471163112
Publication Date: 1995-12-31
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.