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Vol 21 No 9 Sept/Oct 2016

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Colinvaux's Law of Insurance

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Lesbian and Gay Rights

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ISBN13: 9780813326184
ISBN: 0813326184
Published: March 1998
Publisher: The Perseus Books Group
Format: Hardback
Price: £32.99



This book describes the substantive state of the law with regard to lesbian and gay rights. It begins with some background information to put the modern fight for lesbian and gay rights in its proper historical context, then categorizes lesbian and gay rights claims into three areas (individual rights in private contexts, individual rights in public contexts, and couple or family rights thought of as private but pushing into the public sphere) that add up to a single principle--the right to be human in a modern society. By exploring the background, key cases, and important issues yet to be resolved, Rainbow Rights translates the legal claims and arguments into accessible language and concepts which will be of interest not only to lawyers and law students, but also to persons not trained in the law. }This book describes the substantive state of the law with regard to lesbian and gay rights.;It begins with some background information to put the modern fight for lesbian and gay rights in its proper historical context, then categorizes lesbian and gay rights claims into three areas-individual rights in private contexts, individual rights in public contexts, and couple or family rights thought of as private but pushing into the public sphere-that add up to a single principle: the right to be human in a modern society.Arguing against the popular misconception that the Lesbian and Gay Rights Movement began with Stonewall in 1969, Patricia Cain shows that the first gay rights organization in the United States was formed in 1924 in Chicago. From the Mattachine Society in Los Angeles and the Daughters of Bilitis in San Francisco, to the formation of the Society for Individual Rights (SIR) in 1964, the book examines the ways that these early organizations, although different from today's gay rights groups, served as important contributions to the modern fight for lesbian and gay legal rights.;The author looks at how the most important cases of the 1950s and 1960s--the political battles over keeping gay and lesbian bars open and the fight by government employees to keep their jobs during the governmental purge of suspected homosexuals along with suspected communists during the McCarthy era--have helped to shape the state of the law today. By exploring the background, key cases, and important issues yet to be resolved, Rainbow Rights translates the legal claims and arguments into accessible language and concepts which will be of interest not only to lawyers and law students, but also to persons not trained in the law. }

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Contents:
Introduction; Why Rainbow Rights?; Making ""Rights"" Arguments; Courts Versus Legislatures; Organization of This Book; 1. Earlier Civil Rights Movements: Lessons to Be Learned; Civil Rights Movement for Race Equality; Civil Rights Movement for Gender Equality; Lessons to Be Learned; 2. Lawyers, Legal Theories, and Litigation Strategy; Public Interest Lawyers; Lesbian and Gay Public Interest Lawyering; Legal Theories and Litigation Strategy; 3. Public Rights: 1950-1985; Gay and Lesbian Battles Over Public Space; Gay and Lesbian Bars; Student Groups: Access to Public Space in Universities; The High School Prom: Access to Public Space in Secondary Schools; Employment Rights; Direct Restrictions on Public Speech; 4. Private Rights: 1950-1985; Criminalization of Sodomy; The ALI Project; Early Constitutional Challenges to Sodomy Statutes; Solicitation to Commit Sodomy and Lewd and Lascivious Conduct; Family Rights; 5. When Private Becomes Public: Coupling in the Public Sphere, 1950-1985; Marriage; Immigration; Adult Adoption; 6. Bowers v. Hardwick (1986); The Early Sodomy Challenges: The Road to Bowers v. Hardwick; Bowers v. Hardwick; The Aftermath; 7. Public Sphere Rights Post- Bowers v. Hardwick; Hardwick 's Affect on Equal Protection Claims: One Court Makes the Connection Between Sodomy Laws and Discrimination; Responding to Padula: The Birth of the Status Versus Conduct Distinction; The Military Cases; Supreme Court Victory: Romer v. Evans; Romer 's Long-Term Effect on Antigay Ballot Initiatives; Romer's Effect on Equal Protection Claims; Using State and Local Laws to Gain Public Sphere Rights; The First Amendment Defense; 8. Private Sphere Rights Post- Bowers v. Hardwick; Federal Courts, State Courts, and Civil Rights; Sodomy Challenges in State Courts; Current Status of Sodomy Statutes; Reversing Hardwick,; Family Rights; Child Custody; 9. Public Recognition of Private Relationships Post- Bowers v. Hardwick; Marriage; The Hawaii Litigation and Its Effect; Marriage Rights by Litigation or Legislation?{