Gay Families And The Courts
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Gay Families And The Courts
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Author : Susan Gluck Mezey
language : en
Publisher: Rowman & Littlefield Publishers
Release Date : 2009-10-16
Gay Families And The Courts written by Susan Gluck Mezey and has been published by Rowman & Littlefield Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-10-16 with Family & Relationships categories.
Susan Gluck Mezey's newest book, Gay Families and the Courts, is a compelling examination of the role of the state and federal courts in furthering the goals of the gay and lesbian community. Unlike Mezey's earlier book, Queers in Court, this book evaluates the extent to which litigation is effective in advancing equal rights for gay families_families in which at least one member is gay_as they seek to expand their opportunities and battle discrimination. Mezey shows how the courts address gay and lesbian rights and sexual orientation in schools and social organizations such as the Boy Scouts along with family-oriented problems such as marriage and parenthood. In doing so, Mezey emphasizes the complexity of the issues involved in the cases, and assesses the degree to which the outcome of the litigation is explained by the type of case, the type of court, and the judge's perception of his or her role as a policymaker. It is a valuable reference for scholars interested in judicial, legislative, and executive policymaking at the federal and state level as well as anyone interested in LGBT politics.
America S War On Same Sex Couples And Their Families
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Author : Daniel R. Pinello
language : en
Publisher: Cambridge University Press
Release Date : 2017
America S War On Same Sex Couples And Their Families written by Daniel R. Pinello and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Political Science categories.
Presents oral histories of how same-sex-marriage bans impacted gay couples and their children, and how courts rescued those families.
From The Closet To The Altar
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Author : Michael Klarman
language : en
Publisher: Oxford University Press
Release Date : 2013
From The Closet To The Altar written by Michael Klarman and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
"Bancroft Prize-winning historian and legal expert Michael Klarman here offers an illuminating and engaging account of modern litigation over same-sex marriage. After looking at the treatment of gays in the decades after World War II and the birth of themodern gay rights movement with the Stonewall Rebellion in 1969, Klarman describes the key legal cases involving gay marriage and the dramatic political backlashes they ignited. He examines the Hawaii Supreme Court's ruling in 1993, which sparked a vast political backlash--with more than 35 states and Congress enacting defense-of-marriage acts--and the Massachusetts decision in Goodridge in 2003, which inspired more than 25 states to adopt constitutional bans on same-sex marriage. Klarman traces this same pattern--court victory followed by dramatic backlash--through cases in Vermont, California, and Iowa, taking the story right up to the present. He also describes some of the collateral political damage caused by court decisions in favor of gay marriage--Iowa judges losing their jobs, Senator Majority Leader Tom Daschle losing his seat, and the possibly dispositive impact of gay marriage on the 2004 presidential election. But Klarman also notes several ways in which litigation has accelerated the coming of same-sex marriage: forcing people to discuss the issue, raising the hopes and expectations of gay activists, and making other reforms like civil unions seem more moderate by comparison. In the end, Klarman discusses how gay marriage is likely to evolvein the future, predicts how the U.S. Supreme Court might ultimately resolve the issue, and assesses the costs and benefits of activists' pursuing social reforms such as gay marriage through the courts"--
The Right To Be Parents
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Author : Carlos A. Ball
language : en
Publisher: NYU Press
Release Date : 2014-08-22
The Right To Be Parents written by Carlos A. Ball and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-22 with Family & Relationships categories.
"In 1975, California courts stripped a lesbian mother of her custody rights because she was living openly with another woman. Twenty years later, the Virginia Supreme Court did the same thing to another lesbian mother. In ordering that children be separated from their mothers, these courts ruled that it was not possible for a woman to be both a good parent and a lesbian. The Right to be Parents is the first book to provide a detailed history of how LGBT parents have turned to the courts to protect and defend their relationships with their children. Carlos A. Ball chronicles the stories of LGBT parents who, in seeking to gain legal recognition of and protection for their relationships with their children, have fundamentally changed how American law defines and regulates parenthood. Each chapter contains riveting human stories of determination and perseverance as LGBT parents challenge the widely-held view that having a same-sexual orientation, or that being a transsexual, renders individuals incapable of being good parents. To this day, some courts are still not able to look beyond sexual orientation and gender identity in order to fairly apply legal principles in cases involving LGBT parents and their children. Yet on the whole, stories are of progress and transformation: as a result of these pioneering LGBT parent litigants, the law is increasingly recognizing the wide diversity in American familial structures. The Right to be Parents explores why and how that has come to be"--Provided by publisher.
Constitutional Courts Gay Rights And Sexual Orientation Equality
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Author : Angioletta Sperti
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-05-04
Constitutional Courts Gay Rights And Sexual Orientation Equality written by Angioletta Sperti and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-04 with Law categories.
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.
Beyond Straight And Gay Marriage
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Author : Nancy D. Polikoff
language : en
Publisher: Beacon Press
Release Date : 2008
Beyond Straight And Gay Marriage written by Nancy D. Polikoff and has been published by Beacon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Family & Relationships categories.
Part of the Queer Ideas series, edited by Michael Bronski QUEER IDEAS-a new series of LGBT hardcovers that address important intellectual questions facing the movement. The debate over marriage equality for same-sex couples rages across the country. Beyond (Straight and Gay) Marriage boldly moves the discussion forward by focusing on the larger, more fundamental issue of marriage and the law. The root problem, asserts law professor and LGBT rights activist Nancy Polikoff, is that marriage is a bright dividing line between those relationships that legally matter and those that don't. A woman married to a man for nine months is entitled to Social Security survivor's benefits when he dies; a woman living for nineteen years with a man or woman to whom she is not married receives nothing. Polikoff reframes the debate by arguing that all family relationships and households need the economic stability and emotional peace of mind that now extend only to married couples. Unmarried couples of any sexual orientation, single-parent households, extended family units, and myriad other familial configurations need recognition and protection to meet the concerns they all share: building and sustaining economic and emotional interdependence, and nurturing the next generation. Couples should have the choice to marry based on the spiritual, cultural, or religious meaning of marriage in their lives, asserts Polikoff. While marriage equality for same-sex couples is a civil rights victory, she contends that no one should have to marry in order to reap specific and unique legal results. A persuasive argument that married couples should not receive special rights denied to other families, Polikoff shows how the law can value all families, and why it must. "A much-needed intervention in the contemporary debate about marriage and family. Polikoff's argument is provocative, illuminating, and original." -John D'Emilio, author of Lost Prophet: The Life and Times of Bayard Rustin "Polikoff mobilizes an impressive array of legal history and contemporary court cases to show how marriage, whether same-sex or heterosexual, has ceased to be the only place where people incur long-term obligations. She argues vigorously that our society needs to find new ways of determining when legally-enforceable responsibilities and entitlements have accrued in interpersonal relationships." -Stephanie Coontz, author, Marriage, A History: How Love Conquered Marriage "This book really matters. It is brilliant and thoughtful, not simply about a set of laws, but as a manifesto to transform the way we understand, recognize and respect the reality of our diverse and complex family compositions. Polikoff grounds her arguments in the 35 year history of social change activism in this country to construct a passionate and nuanced argument for expanding our same sex marriage activism to include all of the ways people love, form families and build community." -Amber Hollibaugh, Senior Strategist, National Gay and Lesbian Task Force, and author of My Dangerous Desires: A Queer Girl Dreaming her Way Home "Passionate but completely grounded in reality, Polikoff challenges LGBT rights advocates to see beyond gay equality arguments and question the fundamental fairness of limiting family recognition based on marriage, gay or straight. It is a powerful call for social justice." -Nan D. Hunter, founder of the American Civil Liberties Union Lesbian Gay Bisexual Transgender Project and Professor of Law, Brooklyn Law School "A provocative and perspicuous intervention in one of the most devilish recent debates in U.S. law and politicshellip;In a principled yet pragmatic analysis, Polikoff mounts a compelling case against the continued grip of 'conjugalism'on our family law and policy. Beyond (Straight and Gay) Marriage challenges us
Same Sex Couples Comparative Insights On Marriage And Cohabitation
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Author : Macarena Sáez
language : en
Publisher: Springer
Release Date : 2015-05-06
Same Sex Couples Comparative Insights On Marriage And Cohabitation written by Macarena Sáez and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-06 with Law categories.
This book shows six different realities of same-sex families. They range from full recognition of same-sex marriage to full invisibility of gay and lesbian individuals and their families. The broad spectrum of experiences presented in this book share some commonalities: in all of them legal scholars and civil society are moving legal boundaries or thinking of spaces within rigid legal systems for same-sex families to function. In all of them there have been legal claims to recognize the existence of same-sex families. The difference between them lies in the response of courts. Regardless of the type of legal system, when courts have viewed claims of same-sex couples and their families as problems of individual rights, they have responded with a constitutional narrative protecting same-sex couples and their families. When courts respond to these claims with rigid concepts of what a family is and what marriage is as if legal concepts where unmodifiable, same-sex couples have remained outside the protection of the law. Until forty years ago marriage was the only union considered legitimate to form a family. Today more than 30 countries have granted rights to same sex couples, including several that have opened up marriage to couples of the same sex. Every day there is a new bill being discussed or a new claim being brought to courts seeking formal recognition of same sex couples. Not all countries are open to changing their legal structures to accommodate same-sex couples, but even those with no visible changes are witnessing new voices in their communities challenging the status quo and envisioning more flexible legal systems.
America S War On Same Sex Couples And Their Families
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Author : Daniel R. Pinello
language : en
Publisher:
Release Date : 2016
America S War On Same Sex Couples And Their Families written by Daniel R. Pinello and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Same-sex marriage categories.
"America's War on Same-Sex Couples and Their Families is a legal, political, and social history of constitutional amendments in twenty American states (with 43 percent of the nation's population) that prohibited government recognition of all forms of relationship rights (marriage, civil unions, and domestic partnerships) for same-sex couples. Based on 175 interviews with gay and lesbian pairs in Georgia, Michigan, North Carolina, Ohio, Texas, and Wisconsin, the volume has great human-interest value and chronicles how same-sex couples and their children coped within harsh legal environments. The work ends with a lively explanation of how the federal judiciary rescued these families from their own governments. In addition, the book provides a model of the grassroots circumstances under which harassed minority groups migrate out of oppressive state regimes, together with an estimate of the economic and other costs (to the refugees and their governments) of the flight from persecution"--
Courting Change
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Author : Kimberly D. Richman
language : en
Publisher: NYU Press
Release Date : 2010-11
Courting Change written by Kimberly D. Richman and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11 with Family & Relationships categories.
This work examines the inconsistencies in judicial decisions surrounding the rights of gay and lesbian parents and discusses how those inconsistencies have had a negative impact on same-sex parenting and families. Drawing on every recorded judicial decision in gay and lesbian adoption and custody cases over the last fifty years, the author demonstrates how parental and sexual identities are formed and interpreted in law, and how gay and lesbian parents can harness indeterminacy to transform family law.
Beyond Marriage
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Author : Susan Gluck Mezey
language : en
Publisher: Rowman & Littlefield
Release Date : 2017-03-23
Beyond Marriage written by Susan Gluck Mezey and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-23 with Political Science categories.
In this book, Susan Gluck Mezey examines LGBT policymaking over the last several decades, highlighting advances in LGBT rights as well as formidable challenges that still confront the LGBT community. With an emphasis on courts, she traces developments in the struggles for LGBT rights in the United States and abroad. The chapters focus on employment discrimination, transgender rights, marriage equality, and the ongoing battles over discrimination against same-sex couples and transgender persons in education, employment, and public accommodations. It also adds a global perspective by appraising issues affecting LGBT rights in other parts of the world, discussing claims of discrimination in the Canadian and South African courts as well as in the European Court of Human Rights. Mezey provides a succinct and accessible guide to the debates over sexual orientation and gender identity, evaluating the roles played by state and federal courts, legislatures, and chief executives in formulating and implementing LGBT policy. Suitable as an up-to-date resource for anyone interested in LGBT rights, Beyond Marriage will also help students in upper-level classes focusing on judicial politics, public policymaking, family law, civil rights, gender policy, and minority group politics understand ways forward for the LGBT community in the political realm.