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The Gay Rights Question In Contemporary American Law

Author: Andrew Koppelman
Publisher: University of Chicago Press
ISBN: 9780226451039
Size: 26.60 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: 48.84 MB
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Investigates how American appellate courts dealt with lesbian-and-gay civil rights during the 1980s and 1990s.

Liberalismus Und Konservatismus

Author: Jens Eisfeld
Publisher: Mohr Siebeck
ISBN: 9783161489969
Size: 79.22 MB
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English summary: Jens Eisfeld analyzes the influence of conservatism and liberalism on the legal debate over same-sex marriages in the US. In addition to discussing the philosophical differences between liberalism and conservatism in general, he also deals with the political conflict between liberal and conservative constitutional theory which is caused by antagonistic attitudes of the 'good' social order and the impact of this contrast on the controversy over the constitutionality of same-sex marriages. German description: Jens Eisfeld untersucht den Einfluss der politischen Ideen des Liberalismus und des Konservatismus auf die aktuelle Diskussion in den USA um die Legalisierung gleichgeschlechtlicher Ehen durch Gerichtsurteile, die das Verbot der Ehe zwischen Personen gleichen Geschlechts fur verfassungswidrig erklaren. Liberalismus und Konservatismus wirken nicht nur auf die allgemeine politische Diskussion um die gleichgeschlechtliche Ehe ein, sondern auch und gerade auf die verfassungsrechtlichen Streitpunkte innerhalb dieser Debatte. Der Autor geht davon aus, dass gerade in der verfassungsrechtlichen Literatur und Rechtsprechung vom konkreten Anlass abstrahierbare Begrundungsmuster und Argumentationsstrategien im Einsatz sind, deren Ursprung, Zusammenhang und Wirkung ohne die Verknupfung mit den politischen Ideen von Konservatismus und Liberalismus unverstandlich bleiben. Dieser methodische Ansatz ermoglicht eine neue Perspektive auf die Debatte uber die gerichtliche Legalisierung gleichgeschlechtlicher Ehen, mit der sich unter anderem nachweisen lasst, dass die Entscheidung dieses Streits in erster Linie nicht von juristischen Argumenten abhangt, sondern von politischen Uberzeugungen, die eine bestimmte Begrundungsstrategie erst auslosen.

The Age Of Independence

Author: Michael J. Rosenfeld
Publisher: Harvard University Press
ISBN: 9780674024977
Size: 17.35 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.

Modern Family Law

Author: D. Kelly Weisberg
Publisher: Wolters Kluwer Law & Business
ISBN: 1454874708
Size: 77.87 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.

Dishonorable Passions

Author: William N. Eskridge Jr.
Publisher: Penguin
ISBN: 1440631107
Size: 22.24 MB
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From the Pentagon to the wedding chapel, there are few issues more controversial today than gay rights. As William Eskridge persuasively demonstrates in Dishonorable Passions, there is nothing new about this political and legal obsession. The American colonies and the early states prohibited sodomy as the crime against nature, but rarely punished such conduct if it took place behind closed doors. By the twentieth century, America’s emerging regulatory state targeted degenerates and (later) homosexuals. The witch hunts of the McCarthy era caught very few Communists but ruined the lives of thousands of homosexuals. The nation’s sexual revolution of the 1960s fueled a social movement of people seeking repeal of sodomy laws, but it was not until the Supreme Court’s decision in Lawrence v. Texas (2003) that private sex between consenting adults was decriminalized. With dramatic stories of both the hunted (Walt Whitman and Margaret Mead) and the hunters (Earl Warren and J. Edgar Hoover), Dishonorable Passions reveals how American sodomy laws affected the lives of both homosexual and heterosexual Americans. Certain to provoke heated debate, Dishonorable Passions is a must-read for anyone interested in the history of sexuality and its regulation in the United States

Beyond Straight And Gay Marriage

Author: Nancy D. Polikoff
Publisher: Beacon Press
ISBN: 9780807044322
Size: 25.18 MB
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A study of the fight for marriage equality furnishes an effective argument for why married couples, whether they are gay or straight, should not receive special rights under American law that are denied to other families, analyzing the larger political, social, and economic issues of marriage and family law as they pertain to unmarried couples, single-parent households, and other family relationships.

Gay Marriage

Author: William N. Eskridge
Publisher: Oxford University Press on Demand
ISBN: 9780195326970
Size: 28.99 MB
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Opponents of same-sex marriage in the United States often claim that allowing gays and lesbians to marry will lead to the downfall of the institution of marriage and will harm children. Drawing from 16 years of data and experience with same-sex unions in Scandinavia, Gay Marriage: For Better or for Worse? is the first book to present empirical evidence about the results of same-sex marriage (in the form of registered partnerships) from the Nordic countries. Spedale and Eskridge demonstrate that conservative defense-of-marriage arguments that predict negative effects from gay marriage are invalid, and the Scandinavian experience suggests that the institution of marriage may indeed benefit from the enactment of gay marriage. If we look at the proof from abroad, the authors argue, we must conclude that the sanctioning of gay marriage in the United States would neither undermine marriage as an institution, nor harm the wellbeing of our nation's children.