Gaylaw: Challenging the Apartheid of the ClosetHarvard University Press, 30. juni 2009 - 480 sider This book 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 period to the 1980s, is a history of state efforts to discipline and punish the behavior 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. William Eskridge 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. The author draws on legal reasoning, sociological studies, and history to develop an effective response to the arguments made in defense of the military ban. The concluding part of the book locates the author's legal arguments within the larger currents of liberal theory and integrates them into a general stance toward freedom, gender equality, and religious pluralism. |
Innhold
| 1 | |
| 13 | |
part two Remnants of the Closet Dont Ask Dont Tell | 139 |
Queer Theory and the Sexual State | 239 |
appendixes Regulating Sexual and Gender Variation in the United States | 325 |
A Early Municipal and State Regulation | 327 |
B Modern State and Municipal Regulation | 353 |
C Statistics | 373 |
Notes | 385 |
Index | 462 |
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adopted amendment American anal sex antidiscrimination antigay antihomosexual apartheid Appendix argument armed forces arrests bisexual California censors censorship Chapter child City closet conduct consensual sodomy constitutional crime against nature criminal cross-dressing decision defendants discourse due process employment enforcement equal protection Eskridge Evans exclusion expression federal female feminist gay rights gaylaw gender gender-bending Georgetown groups harassment Hardwick heterosexual homo homophile homophobia homosexual identity immoral indecent intercourse judges Justice Kulturkampf Laws ch lesbian lesbian and gay lewd liberal male Mattachine Mattachine Society military minority Model Penal Code moral obscene one’s openly gay oral sex ordinance parents person perverts political polygamy prohibiting prostitution psychopathic rape regulation regulatory religious Report role rules sadomasochism same-sex intimacy same-sex marriage San Francisco sex discrimination sexual orientation social society sodomy laws solicitation speech Stat statute subcultures suppression Supreme Court tion United vagrancy women York
Populære avsnitt
Side 204 - If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein If there are any circumstances which permit an exception, they do not now occur to us.
Side 105 - If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child.
Side 200 - They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the government, the right to be let alone - the most comprehensive of rights and the right most valued by civilized men.
Side 152 - Without doubt, it denotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.
Side 167 - Our Constitution is colorblind and neither knows nor tolerates classes among citizens. In respect of civil rights all citizens are equal before the law.
Side 209 - Neither the State of Colorado, through any of its branches or departments, nor any of its agencies, political subdivisions, municipalities or school districts, shall enact, adopt or enforce any statute, regulation, ordinance or policy whereby homosexual, lesbian or bisexual orientation, conduct, practices or relationships shall constitute or otherwise be the basis of or entitle any person or class of persons to have or claim any minority status, quota preferences, protected status or claim of discrimination.
Side 117 - the material is designed for and primarily disseminated to a clearly defined deviant sexual group, rather than the public at large, the prurient appeal requirement of the Roth test is satisfied if the dominant theme of the material taken as a whole appeals to the prurient interest in sex of the members of that group.
Side 30 - Every person who shall use any threatening, abusive, or insulting words or behaviour with intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned : 14.
Side 274 - The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men. Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival.