The rights of lesbian, gay, bisexual, and transgender persons (LGBT) are strongly contested by certain faith communities, and this confrontation has become increasingly pronounced following the adjudication of a number of legal cases. As the strident arguments of both sides enter a heated political arena, it brings forward the deeply contested question of whether there is any possibility of both communities' contested positions being reconciled under the same law. This volume assembles impactful voices from the faith, LGBT advocacy, legal, and academic communities - from the Human Rights Campaign and ACLU to the National Association of Evangelicals and Catholic and LDS churches. The contributors offer a 360-degree view of culture-war conflicts around faith and sexuality - from Obergefell to Masterpiece Cakeshop - and explore whether communities with such profound differences in belief are able to reach mutually acceptable solutions in order to both live with integrity.

Survivors of conversion practices - interventions meant to stop gender transition - have likened the process to torture. Florence Ashley rethinks and pushes forward the banning of these practices by surveying these bans in different jurisdictions, and addressing key issues around their legal regulation. Ashley also investigates the advantages and disadvantages of legislative approaches to regulating conversion therapies, and provides guidance for how prohibitions can be improved. Finally, Ashley offers a carefully annotated model law that provides detailed guidance for legislatures and policymakers. Most importantly, this book centres the experiences of trans people themselves in its analysis and recommendations.

Gender oppression has been a feature of war and conflict throughout human history, yet until fairly recently, little attention was devoted to addressing the consequences of violence and discrimination experienced by women in post-conflict states. Thankfully, that is changing. Today, in a variety of post-conflict settings--the former Yugoslavia, Afghanistan, Colombia, Northern Ireland --international advocates for women's rights have focused bringing issues of sexual violence, discrimination and exclusion into peace-making processes.
In On the Frontlines, Fionnuala Ni Aolain, Dina Francesca Haynes, and Naomi Cahn consider such policies in a range of cases and assess the extent to which they have had success in improving women's lives. They argue that there has been too little success, and that this is in part a product of a focus on schematic policies like straightforward political incorporation rather than a broader and deeper attempt to alter the cultures and societies that are at the root of much of the violence and exclusions experienced by women. They contend that this broader approach would not just benefit women, however. Gender mainstreaming and increased gender equality has a direct correlation with state stability and functions to preclude further conflict. If we are to have any success in stabilizing failing states, gender needs to move to fore of our efforts. With this in mind, they examine the efforts of transnational organizations, states and civil society in multiple jurisdictions to place gender at the forefront of all post-conflict processes. They offer concrete analysis and practical solutions to ensuring gender centrality in all aspects of peace making and peace enforcement."

If justice is an intrinsic value in Islam, why have women been treated as second-class citizens in Islamic legal tradition? Today, the idea of gender equality, inherent to contemporary conceptions of justice, presents a challenge to established, patriarchal interpretations of Shari'a. In thought-provoking discussions with six influential Muslim intellectuals - Abdullahi An-Na'im, Amina Wadud, Asma Lamrabet, Khaled Abou El Fadl, Mohsen Kadivar and Sedigheh Vasmaghi - Ziba Mir-Hosseini explores how egalitarian gender laws might be constructed from within the Islamic legal framework.

Over the last few decades, there has been a marked increase in media and debate surrounding a specific group of offences in modern Democratic nations which bear the brunt of the label 'crimes against morality'. Included within this group are offences related to prostitution and pornography, homosexuality and incest and child sexual abuse. This book examines the nexus between sex, crime and morality from a theoretical perspective. This is the first academic text to offer an examination and analysis of the philosophical underpinnings of sex-related crimes and social attitudes towards them and the historical, anthropological and moral reasons for differentiating these crimes in contemporary western culture. The book is divided into three sections corresponding to three theoretical frameworks: Part 1 examines the moral temporality of sex and taboo as a foundation for legislation governing sex crimes Part 2 focuses on the geography of sex and deviance, specifically notions of public morality and the public private divide Part 3 examines the moral economy of sex and harm, including the social construction of harm. Sex, Crime and Morality will be key reading for students of criminology, criminal justice, gender studies and ethics, and will also be of interest to justice professionals.

Slaves, mistresses, concubines - the English courts have used these terms to describe polygamous wives in the past, but are they still seen this way today? Using a critical postcolonial feminist lens, this book provides a contextualized exploration of English legal responses to polygamy. Through the legacies of British imperialism, the book shows how attitudes to polygamy are shaped by indifference and hostility towards its participants. This goes beyond the law, as shown by the stories of women shared throughout the book negotiating their identities and relationships in the UK today. Through its analysis, the book demonstrates how polygamy and polygamous wives are subjected to imperialist and orientalist discourses which dehumanise them for practising a relationship that has existed for millennia.

This book examines the divergent medical, political and legal constructions of intersex. The authors use empirical data to explore how intersex people are embodied through these frameworks which in turn influence their lived experiences. Through their analysis, the authors reveal the factors that motivate and influence the way in which policy makers and legislators approach the area of intersex rights. They reflect on the limitations of law as the primary vehicle in challenging healthcare's framing of intersex as a 'disorder' in need of fixing. Finally, they offer a more holistic account of intersex justice which is underpinned by psychosocial support and bodily integrity.

How have American women voted in the first 100 years since the ratification of the Nineteenth Amendment? How have popular understandings of women as voters both persisted and changed over time? In A Century of Votes for Women, Christina Wolbrecht and J. Kevin Corder offer an unprecedented account of women voters in American politics over the last ten decades. Bringing together new and existing data, the book provides unique insight into women's (and men's) voting behavior, and traces how women's turnout and vote choice evolved across a century of enormous transformation overall and for women in particular. Wolbrecht and Corder show that there is no such thing as 'the woman voter'; instead they reveal considerable variation in how different groups of women voted in response to changing political, social, and economic realities. The book also demonstrates how assumptions about women as voters influenced politicians, the press, and scholars.

The standard approach to regulating working hours rests on gendered assumptions about how paid and unpaid work ought to be divided. In this book, Ania Zbyszewska takes a feminist, socio-legal approach to evaluate whether the contemporary European working time regimes can support a more equal sharing of this work. Focusing on the legal and political developments surrounding the EU's Working Time Directive and the reforms of Poland's Labour Code, Zbyszewska reveals that both regimes retain this traditional gender bias, and suggests the reasons for its persistence. She employs a wide range of data sources and uses the Polish case to assess the EU influence over national policy discourse and regulation, with the broader transnational policy trends also considered. This book combines legal analysis with social and political science concepts to highlight law's constitutive role and relational dimensions, and to reflect on the relationship between discursive politics and legal action.

EPUB and EPDF available Open Access under CC-BY-NC-ND licence. What is feminist peace? How can we advocate for peace from patriarchy? What do women, globally, advocate for when they use the term 'peace'? This edited collection brings together conversations across borders and boundaries to explore plural, intersectional and interdisciplinary concepts of feminist peace. The book includes contributions from a geographically diverse range of scholars, judges, practitioners and activists, and the chapters cut across themes of movement building and resistance and explore the limits of institutionalized peacebuilding. The chapters deal with a range of issues, such as environmental degradation, militarization, online violence and arms spending. Offering a resource to advance theoretical development and to advocate for policy change, this book transcends traditional approaches to the study of peace and security and embraces diverse voices and perspectives which are absent in both academic and policy spaces.

This edited collection provides a forum for rigorous analysis of the necessity for both legal and social change with regard to regulation of same-sex relationships and rainbow families, the status of civil partnership as a concept and the lived reality of equality for LGBTQ+ persons. Twenty-eight jurisdictions worldwide have now legalised same-sex marriage and many others some level of civil partnership. In contrast other jurisdictions refuse to recognise or even criminalise same-sex relationships. At a Council of Europe level, there is no requirement for contracting states to legalise same-sex marriage. Whilst the Court of Justice of the European Union now requires contracting states to recognise same-sex marriages for the purpose of free movement and residency rights, unlike the US Supreme Court, it does not require EU Member States to legalise same-sex marriage. Law and Sociology scholars from five key jurisdictions (England and Wales, Italy, Australia, Canada, and the Republic of Ireland) examine the role of the Council of Europe, European Union and further international regimes. A balanced approach between the competing views of critically analytical rights based theorists and queer and feminist theorists interrogates the current international consensus in this fast moving area. The incrementalist theory whilst offering a methodology for future advances continues to be critiqued. All contributions from differing perspectives expose that even for those jurisdictions who have legalised same-sex marriage, still further and continuous work needs to be done. The book will be of interest to students and scholars in the field of human rights, family and marriage law and gender studies.

In The Common Law Inside the Female Body, Anita Bernstein explains why lawyers seeking gender progress from primary legal materials should start with the common law. Despite its reputation for supporting conservatism and inequality, today's common law shares important commitments with feminism, namely in precepts and doctrines that strengthen the freedom of individuals and from there the struggle against the subjugation of women. By re-invigorating both the common law - with a focus on crimes, contracts, torts, and property - and feminist jurisprudence, this highly original work anticipates a vital future for a pair of venerable jurisprudential traditions. It should be read by anyone interested in understanding how the common law delivers an extraordinary degree of liberty and security to all persons - women included.

Legislation has traditionally been viewed as a text addressed to and used by lawyers and judges. But with enhanced accessibility via electronic publication of legislation in many Commonwealth jurisdictions, drafters "speak" not only to lawyers and judges, but also to untrained users. This shift of the legislative audience has changed radically the requirements for legislation and its drafting. This is crucially important as the quality of legislation within the Commonwealth remains an essential element of democracy and the rule of law. The book aims to alert policy officers, legal officers, law reformers, and drafters of the many innovations in the drafting of legislation within the Commonwealth. And ultimately to bring to light the academic foundations of the modern approach to legislative quality, which really boils down to effectiveness of the legislative product. This book was based on a special issue of Commonwealth Law Bulletin.

Increasingly fraught debates about sex, consent, feminism, justice, law, and gender relations have taken centre stage in academic, journalistic and social media circles in recent years. This has resulted in a myriad of new theories, debates and mediated movements including #MeToo and #TimesUp. In this book, Tina Sikka explores many of the contradictions and tensions that make up these debates and movements particularly those that draw together contemporary understandings of justice, violence, consent, pleasure and desire. Drawing on the cases of Avital Ronell, Aziz Ansari, Jian Ghomeshi, Harvey Weinstein and Louis CK, she applies historical, explanatory, diagnostic and solutions-based tools to unpack two debates in particular namely, contemporary sexual norms vis-a-vis what is permissible and desirable sexual behaviour and what constitutes justice in relation to gender based sexual violence.This book proposes concrete legislative and policy recommendations and examines the necessary cultural changes needed in order to retain a progressive conception of sexual relations and consent.

Constitutionalism affirms the idea that democracy should not lead to the violation of human rights or the oppression of minorities. This book aims to explore the relationship between constitutional law and feminism. The contributors offer a spectrum of approaches and the analysis is set across a wide range of topics, including both familiar ones like reproductive rights and marital status, and emerging issues such as a new societal approach to household labor and participation of women in constitutional discussions online. The book is divided into six parts: I) feminism as a challenge to constitutional theory; II) feminism and judging; III) feminism, democracy, and political participation; IV) the constitutionalism of reproductive rights; V) women's rights, multiculturalism, and diversity; and VI) women between secularism and religion.

This comprehensive yet accessible resource provides readers with everything they need to know about intersex - people who are born with any range of sex characteristics that might not fit typical binary notions about male and female bodies. Covering a wide variety of topics in an easy-to-read way, the book explores what intersex is, what it is not, a detailed overview of its 40 or so different variations, historical and social aspects of intersex and medical intervention, along with practical, proven advice on how professionals can help and support intersex people. Written by an intersex man with over 65 years of first-hand experience, this book is an ideal introduction for any medical, health and social care professional or student, as well as family members and friends, seeking to improve their practice and knowledge.

Should digital platforms be responsible for intimate images posted without the subject's consent? Could the viewers of such images be liable simply by viewing them? This book answers these questions in the affirmative, while considering the social, legal and technological features of unauthorized dissemination of intimate images, or 'revenge porn'. In doing so, it asks fundamental socio-legal questions about responsibility, causation and apportionment, as well as conceptualizing private information as property. With a focus on private law theory, the book defines the appropriate scope of liability of platforms and viewers, while critiquing both the EU's and US' solutions to the problem. Through its analysis, the book develops a new theory of egalitarian digital privacy.

Theories of gender justice in the twenty-first century must engage with global economic and social processes. Using concepts from economic analysis associated with global commodity chains and feminist ethics of care, Ann Stewart considers the way in which 'gender contracts' relating to work and care contribute to gender inequalities worldwide. She explores how economies in the global north stimulate desires and create deficits in care and belonging which are met through transnational movements and traces the way in which transnational economic processes, discourses of rights and care create relationships between global south and north. African women produce fruit and flowers for European consumption; body workers migrate to meet deficits in 'affect' through provision of care and sex; British-Asian families seek belonging through transnational marriages.

This book brings together literature, empirical research findings from two projects, and policy analysis to examine how some forces in England have adopted the approach of treating crimes against sex workers as hate crimes. This book identifies some of the benefits of the hate crime approach to crimes against sex workers, both operationally and for some of the victims of crime. The authors argue that the hate crime approach should not be seen as an alternative to decriminalisation of sex work but can provide a pathway to achieving more sensitive but robust policing of crimes against sex workers and support in accessing justice through the criminal justice system. They also examine the broader context of hate crime policy and scholarship as they debate the relevance, problems and merits of the sex work hate crime model. The book provides another dimension to current theoretical and policy debates about widening definitions and law around hate crime to include other groups beyond existing protected characteristics.

A poignant account of everyday polygamy and what its regulation reveals about who is viewed as an "Other" In the past thirty years, polygamy has become a flashpoint of conflict as Western governments attempt to regulate certain cultural and religious practices that challenge seemingly central principles of family and justice. In Forbidden Intimacies, Melanie Heath comparatively investigates the regulation of polygamy in the United States, Canada, France, and Mayotte. Drawing on a wealth of ethnographic and archival sources, Heath uncovers the ways in which intimacies framed as "other" and "offensive" serve to define the very limits of Western tolerance. These regulation efforts, counterintuitively, allow the flourishing of polygamies on the ground. The case studies illustrate a continuum of justice, in which some groups, like white fundamentalist Mormons in the U.S., organize to fight against the prohibition of their families' existence, whereas African migrants in France face racialized discrimination in addition to rigid migration policies. The matrix of legal and social contexts, informed by gender, race, sexuality, and class, shapes the everyday experiences of these relationships. Heath uses the term "labyrinthine love" to conceptualize the complex ways individuals negotiate different kinds of relationships, ranging from romantic to coercive. What unites these families is the secrecy in which they must operate. As government intervention erodes their abilities to secure housing, welfare, work, and even protection from abuse, Heath exposes the huge variety of intimacies, and the power they hold to challenge heteronormative, Western ideals of love.

What might gender justice look like in matrilineal Malawi? Ideas about gender and human rights have exerted considerable influence over African policy makers and civil society organisations in recent years, and Malawi is no exception. There, concerted efforts at civic education have made the concepts of human and women's rights widely accessible to the rural poor, albeit in modified form. In this book, Jessica Johnson listens to the voices of ordinary Malawian citizens as they strive to resolve disputes and achieve successful gender and marital relations. Through nuanced ethnographic description of aspirations for gender and marital relationships; extended analysis of dispute resolution processes; and an examination of the ways in which the approaches of chiefs, police officers and magistrates intersect, this study puts relationships between law, custom, rights, and justice under the spotlight.

Sexual harassment in Japanese politics examines a problem that violates women's human rights and prevents a flourishing democracy. Japan fares badly in international gender equality indices, especially for female political representation. The scarcity of women in politics reflects the status of women and also exacerbates it. Based on interviews with female politicians around the country from all levels of government, this book sheds light on the sexist and sometimes dangerous environments in Japanese legislative assemblies. These environments reflect and recreate broader sexual inequalities in Japanese society and are a hothouse for sexual harassment. Like many places around the world, workplace sexual harassment laws and regulations in Japan often fail to protect women from being harassed. Even more, in the 'workplace' of the legislative council, such regulations are typically absent. This book discusses what this means for women in politics in the context of a broader culture whereby victims of sexual violence are largely silenced.

Is prostitution immoral? In this book, Rob Lovering argues that it is not. Offering a careful and thorough critique of the many-twenty, to be exact-arguments for prostitution's immorality, Lovering leaves no claim unchallenged. Drawing on the relevant literature along with his own creative thinking, Lovering offers a clear and reasoned moral defense of the world's oldest profession. Lovering demonstrates convincingly, on both consequentialist and nonconsequentialist grounds, that there is nothing immoral about prostitution between consenting adults. The legal implications of this view are also brought to bear on the current discourse surrounding this controversial topic.

This book critically analyses the impact of digital media technologies on police scandal. Using an in-depth analysis of a viral bystander video of police excessive force filmed at the 2013 Sydney Gay and Lesbian Mardi Gras Parade and uploaded to YouTube, the book addresses the ways social media video sousveillance can shape operational and institutional police responses to police misconduct. The volume features new research on the immediate and longer-term impacts of social media-generated police scandal on police legitimacy and accountability and responds to inherent questions of procedural justice. It interrogates the technological, political and legal frameworks that govern the relationships between the police and LGBTQI communities in Australia and beyond through the 'social media test' - the police narratives created and contested through social media, mainstream media, and police media. In doing so, it considers the role of sexual citizenship discourse as a political, economic and social organizing principle. A comprehensive and interdisciplinary understanding of 'digital' and 'queer' criminology, this is an essential read for those working at the intersection of criminology and the digital society, queer criminology, and critical criminology.