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The Gay Rights Question In Contemporary American Law

Author: Andrew Koppelman
Publisher: University of Chicago Press
ISBN: 9780226451039
Size: 32.47 MB
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The gay rights question is whether the second-class legal status of gay people should be changed. In this book Andrew Koppelman shows the powerful legal and moral case for gay equality, but argues that courts cannot and should not impose it. The Gay Rights Question in Contemporary American Law offers an unusually nuanced analysis of the most pressing gay rights issues. Does antigay discrimination violate the Constitution? Is there any sound moral objection to homosexual conduct? Are such objections the moral and constitutional equivalent of racism? Must state laws recognizing same-sex unions be given effect in other states? Should courts take account of popular resistance to gay equality? Koppelman sheds new light on all these questions. Sure to upset purists on either side of the debate, Koppelman's book criticizes the legal arguments advanced both for and against gay rights. Just as important, it places these arguments in broader moral and social contexts, offering original, pragmatic, and workable legal solutions.

Gay Rights And American Law

Author: Daniel R. Pinello
Publisher: Cambridge University Press
ISBN: 9780521012140
Size: 79.34 MB
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Investigates how American appellate courts dealt with lesbian-and-gay civil rights during the 1980s and 1990s.

Same Sex Different States

Author: Andrew Koppelman
Publisher:
ISBN:
Size: 68.17 MB
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Must a state in which gay marriage is not legal recognize such a marriage performed in another state? The Constitution does not require recognition in all cases, but it does forbid states from nullifying family relationships based in other states, or from making themselves havens for people who are trying to escape obligations to their spouses and children. In this book, Andrew Koppelman offers workable legal solutions to the problems that arise when gay couples cross state borders. Drawing on historical precedents in which states held radically different moral views about marriage (for example, between kin, very young individuals, and interracial couples), Koppelman shows which state laws should govern in specific situations as gay couples travel or move from place to place. Americans are profoundly divided over same-sex marriage, and now that gay civil unions and marriages are legal in some states, the issue has become increasingly urgent. Koppelman offers a sensible approach that will appeal to the best instincts of both sides.

Gay Rights And American Law

Author: Daniel R. Pinello
Publisher: Cambridge University Press
ISBN: 9780521012140
Size: 25.72 MB
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Investigates how American appellate courts dealt with lesbian-and-gay civil rights during the 1980s and 1990s.

Modern Family Law

Author: D. Kelly Weisberg
Publisher: Wolters Kluwer Law & Business
ISBN: 1454874708
Size: 49.46 MB
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Modern Family Law reflects the social diversity of the modern family as it examines the legal impacts of the women’s movement, the children’s rights movement, the fathers’ rights movement, domestic violence, changing sexual mores, nontraditional family forms, and developments in reproductive technology. Integrating valuable interdisciplinary perspectives, the text includes excerpts, notes, and questions emanating from history, psychology, sociology, social work, medicine, and philosophy. A variety of problem exercises, most derived from actual cases and current events, covers cross-cutting themes as well as the basics of family law. Human-interest stories that complement the cases heighten student awareness of the real impact of the law on people’s lives. Modern Family Law easily adapts to shorter or longer courses. The Sixth Edition offers contemporary perspectives on family law theory and covers new developments on such topics as alienation of affections, adoption, assisted reproduction, attorneys’ sexual ethics, bigamy, child abuse, child custody and support, divorce, domestic violence, grandparents’ visitation rights, names in the family, parentage, premarital agreements, and reproductive rights. The text features major coverage of developments on same-sex marriage, DOMA, and other issues of equality for gay and lesbian families. The decline of marriage and the rise of new conceptualizations of family are explored along with the return of the “culture wars,” including political disputes about contraception.

The Age Of Independence

Author: Michael J. Rosenfeld
Publisher: Harvard University Press
ISBN: 9780674024977
Size: 31.76 MB
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Michael Rosenfeld offers a new theory of family dynamics to account for the interesting and startling changes in marriage and family composition in the United States in recent years. His argument revolves around the independent life stage that emerged around 1960. This stage is experienced by young adults after they leave their parents' homes but before they settle down to start their own families. During this time, young men and women go away to college, travel abroad, begin careers, and enjoy social independence. This independent life stage has reduced parental control over the dating practices and mate selection of their children and has resulted in a sharp rise in interracial and same-sex unions--unions that were more easily averted by previous generations of parents. Complementing analysis of newly available census data from the entire twentieth century with in-depth interviews that explore the histories of families and couples, Rosenfeld proposes a conceptual model to explain many social changes that may seem unrelated but that flow from the same underlying logic. He shows, for example, that the more a relationship is transgressive of conventional morality, the more likely it is for the individuals to live away from their family and area of origin.

Marriage And Same Sex Unions

Author: Lynn D. Wardle
Publisher: Greenwood Publishing Group
ISBN: 9780275976538
Size: 49.92 MB
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This in-depth introduction to the pivotal arguments for and against legalizing same-sex marriage attempts to exemplify the high quality of thoughtful discussion that is possible.

Women Gays And The Constitution

Author: David A. J. Richards
Publisher: University of Chicago Press
ISBN: 9780226712079
Size: 40.68 MB
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In this remarkable study, David A. J. Richards combines an interpretive history of culture and law, political philosophy, and constitutional analysis to explain the background, development, and growing impact of two of the most important and challenging human rights movements of our time, feminism and gay rights. Richards argues that both movements are extensions of rights-based dissent, rooted in antebellum abolitionist feminism that condemned both American racism and sexism. He sees the progressive role of such radical dissent as an emancipated moral voice in the American constitutional tradition. He examines the role of dissident African Americans, Jews, women, and homosexuals in forging alternative visions of rights-based democracy. He also draws special attention to Walt Whitman's visionary poetry, showing how it made space for the silenced and subjugated voices of homosexuals in public and private culture. According to Richards, contemporary feminism rediscovers and elaborates this earlier tradition. And, similarly, the movement for gay rights builds upon an interpretation of abolitionist feminism developed by Whitman in his defense, both in poetry and prose, of love between men. Richards explores Whitman's impact on pro-gay advocates, including John Addington Symonds, Havelock Ellis, Edward Carpenter, Oscar Wilde, and André Gide. He also discusses other diverse writers and reformers such as Margaret Sanger, Franz Boas, Elizabeth Stanton, W. E. B. DuBois, and Adrienne Rich. Richards addresses current controversies such as the exclusion of homosexuals from the military and from the right to marriage and concludes with a powerful defense of the struggle for such constitutional rights in terms of the principles of rights-based feminism.

Polyphonic Federalism

Author: Robert A. Schapiro
Publisher: University of Chicago Press
ISBN: 0226736644
Size: 27.87 MB
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The relationship between the states and the national government is among the most contested issues in the United States. And questions about where power should reside, how decisions should be made, and how responsibility should be allocated have been central to the American experiment in federalism. In Polyphonic Federalism, Robert A. Schapiro defends the advantages of multiple perspectives in government, arguing that the resulting “polyphony” creates a system that is more efficient, democratic, and protective of liberties. This groundbreaking volume contends that contemporary views of federalism are plagued by outmoded dualist notions that seek to separate state and federal authority. Instead, Schapiro proposes a polyphonic model that emphasizes the valuable interaction of state and federal law, one that more accurately describes the intersecting realities of local and national power. Through an analysis of several legal and policy debates, Polyphonic Federalism demonstrates how a multifaceted government can best realize the potential of federalism to protect fundamental rights.