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In persuading the Supreme Court that same-sex couples have a
constitutional right to marry, the LGBT rights movement has
achieved its most important objective of the last few decades.
Throughout its history, the marriage equality movement has been
criticized by those who believe marriage rights were a conservative
cause overshadowing a host of more important issues. Now that
nationwide marriage equality is a reality, everyone who cares about
LGBT rights must grapple with how best to promote the interests of
sexual and gender identity minorities in a society that permits
same-sex couples to marry. This book brings together 12 original
essays by leading scholars of law, politics, and society to address
the most important question facing the LGBT movement today: What
does marriage equality mean for the future of LGBT rights? After
Marriage Equality explores crucial and wide-ranging social,
political, and legal issues confronting the LGBT movement,
including the impact of marriage equality on political activism and
mobilization, antidiscrimination laws, transgender rights, LGBT
elders, parenting laws and policies, religious liberty, sexual
autonomy, and gender and race differences. The book also looks at
how LGBT movements in other nations have responded to the
recognition of same-sex marriages, and what we might emulate or
adjust in our own advocacy. Aiming to spark discussion and further
debate regarding the challenges and possibilities of the LGBT
movement's future, After Marriage Equality will be of interest to
anyone who cares about the future of sexual equality.
Conservative opponents of LGBT equality in the United States often
couch their opposition in claims of free speech, free association,
and religious liberty. It is no surprise, then, that many LGBT
supporters equate First Amendment arguments with resistance to
their cause. The First Amendment and LGBT Equality tells another
story, about the First Amendment's crucial yet largely forgotten
role in the first few decades of the gay rights movement. Between
the 1950s and 1980s, when many courts were still openly hostile to
sexual minorities, they nonetheless recognized the freedom of gay
and lesbian people to express themselves and associate with one
another. Successful First Amendment cases protected LGBT
publications and organizations, protests and parades, and
individuals' right to come out. The amendment was wielded by the
other side only after it had laid the groundwork for major LGBT
equality victories. Carlos A. Ball illuminates the full trajectory
of this legal and cultural history. He argues that, in
accommodating those who dissent from LGBT equality on grounds of
conscience, it is neither necessary nor appropriate to depart from
the established ways in which American antidiscrimination law has,
for decades, accommodated equality dissenters. But he also argues
that as progressives fight the First Amendment claims of religious
conservatives and other LGBT opponents today, they should take care
not to erode the very safeguards of liberty that allowed LGBT
rights to exist in the first place.
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. To this day, some courts are still not
able to look beyond sexual orientation and gender identity in cases
involving LGBT parents and their children. Yet on the whole,
Ball’s 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.
In persuading the Supreme Court that same-sex couples have a
constitutional right to marry, the LGBT rights movement has
achieved its most important objective of the last few decades.
Throughout its history, the marriage equality movement has been
criticized by those who believe marriage rights were a conservative
cause overshadowing a host of more important issues. Now that
nationwide marriage equality is a reality, everyone who cares about
LGBT rights must grapple with how best to promote the interests of
sexual and gender identity minorities in a society that permits
same-sex couples to marry. This book brings together 12 original
essays by leading scholars of law, politics, and society to address
the most important question facing the LGBT movement today: What
does marriage equality mean for the future of LGBT rights? After
Marriage Equality explores crucial and wide-ranging social,
political, and legal issues confronting the LGBT movement,
including the impact of marriage equality on political activism and
mobilization, antidiscrimination laws, transgender rights, LGBT
elders, parenting laws and policies, religious liberty, sexual
autonomy, and gender and race differences. The book also looks at
how LGBT movements in other nations have responded to the
recognition of same-sex marriages, and what we might emulate or
adjust in our own advocacy. Aiming to spark discussion and further
debate regarding the challenges and possibilities of the LGBT
movement's future, After Marriage Equality will be of interest to
anyone who cares about the future of sexual equality.
This casebook on the law of sexual orientation and gender identity
weaves interdisciplinary perspectives into the up-to-date coverage
of a rapidly changing legal landscape. It provides comprehensive
coverage of the range of legal issues concerning LGBTQ persons,
along with scholarly commentary on these issues. It also covers
issues of sexuality and gender more broadly. It addresses in depth
many significant recent developments, including the Supreme Court's
landmark decision interpreting the Civil Rights Act of 1964 as
prohibiting discrimination on the basis of gender identity and
sexual orientation, and the growing set of religious liberty claims
asserted by opponents of LGBTQ equality measures. The book also
extensively covers gender identity issues, including the challenges
faced by transgender individuals in accessing sex-segregated
facilities, adequate healthcare, and equal educational and athletic
opportunities.
Same-Sex Marriage and Children is the first book to bring together
historical, social science, and legal considerations to
comprehensively respond to the objections to same-sex marriage that
are based on the need to promote so-called "responsible
procreation" and child welfare. Carlos A. Ball places the current
marriage debates within a broader historical context by exploring
how the procreative and child welfare claims used to try to deny
same-sex couples the opportunity to marry are similar to earlier
arguments used to defend interracial marriage bans, laws
prohibiting disabled individuals from marrying, and the
differential treatment of children born out of wedlock. Ball also
draws a link between welfare reform and same-sex marriage bans by
explaining how conservative proponents have defended both based on
the need for the government to promote responsible procreation
among heterosexuals. In addition, Ball examines the social science
studies relied on by opponents of same-sex marriage and explains in
a highly engaging and accessible way why they do not support the
contention that biological status and parental gender matter when
it comes to parenting. He also explores the relevance of the social
science studies on the children of lesbians and gay men to the
question of whether same-sex couples have a constitutional right to
marry. In doing so, the book looks closely at the gay marriage
cases that recently reached the Supreme Court and explains why the
constitutionality of same-sex marriage bans cannot be defended on
the basis that maintaining marriage as an exclusively heterosexual
institution helps to promote the best interests of children.
Same-Sex Marriage and Children will help lawyers, law professors,
judges, legislators, social and political scientists, historians,
and child welfare officials-as well as general readers interested
in matters related to marriage and families-understand the
empirical and legal issues behind the intersection of same-sex
marriage and children's welfare.
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. To this day, some courts are still not
able to look beyond sexual orientation and gender identity in cases
involving LGBT parents and their children. Yet on the whole, Ball's
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.
Engaging and largely untold, "From the Closet to the Courtroom"
explores how five pivotal lawsuits have altered LGBT history.
Beginning each case narrative at the center--with the litigants and
their lawyers--law professor Carlos Ball follows the stories behind
each crucial lawsuit. He traces the parties from their communities
to the courtroom, while deftly weaving in rich sociohistorical
context and analyzing the lasting legal and political impact of
each judicial outcome.
The diverse expert contributors to this volume from the fields of
politics and law use moral argumentation with respect to same-sex
marriage, gay rights in general, and California's Prop 8. The
arguments are advanced in terms of the nation's foundational
political and legal principles, extending ethical argumentation to
important contemporary public policy areas such as marriage, the
separation of church and state, and the rearing of children.
Several chapters also contest the perceived if not actual
establishment in the law and public policy of heterosexist and
religious bias that continues to work against full and meaningful
inclusion of sexual minorities. This bias is ironically and
improperly couched in the language of American political and
religious values, and it misunderstands the nation's core
principles, or willfully miscasts them as inapplicable to many
Americans and their families. Nonetheless, this bias is pervasive
in the nation's political discourse, working to deny an important
right and the recognition of equality to many citizens. The main
contribution ofMoral Argument, Religion, and Same-Sex Marriage is
in its direct engagement with the political and legal arguments of
the gay community's critics on their own moral and ethical terms.
Along the way, important concepts in public discourse such as
governmental neutrality, the right to marry, and religious freedom
are presented and cast in the light of liberal-democratic theory."
The diverse expert contributors to this volume from the fields of
politics and law use moral argumentation with respect to same-sex
marriage, gay rights in general, and California's Prop 8. The
arguments are advanced in terms of the nation's foundational
political and legal principles, extending ethical argumentation to
important contemporary public policy areas such as marriage, the
separation of church and state, and the rearing of children.
Several chapters also contest the perceived if not actual
establishment in the law and public policy of heterosexist and
religious bias that continues to work against full and meaningful
inclusion of sexual minorities. This bias is ironically and
improperly couched in the language of American political and
religious values, and it misunderstands the nation's core
principles, or willfully miscasts them as inapplicable to many
Americans and their families. Nonetheless, this bias is pervasive
in the nation's political discourse, working to deny an important
right and the recognition of equality to many citizens. The main
contribution ofMoral Argument, Religion, and Same-Sex Marriage is
in its direct engagement with the political and legal arguments of
the gay community's critics on their own moral and ethical terms.
Along the way, important concepts in public discourse_such as
governmental neutrality, the right to marry, and religious
freedom_are presented and cast in the light of liberal-democratic
theory.
Same-Sex Marriage and Children is the first book to bring together
historical, social science, and legal considerations to
comprehensively respond to the objections to same-sex marriage that
are based on the need to promote so-called "responsible
procreation" and child welfare. Carlos A. Ball places the current
marriage debates within a broader historical context by exploring
how the procreative and child welfare claims used to try to deny
same-sex couples the opportunity to marry are similar to earlier
arguments used to defend interracial marriage bans, laws
prohibiting disabled individuals from marrying, and the
differential treatment of children born out of wedlock. Ball also
draws a link between welfare reform and same-sex marriage bans by
explaining how conservative proponents have defended both based on
the need for the government to promote responsible procreation
among heterosexuals. In addition, Ball examines the social science
studies relied on by opponents of same-sex marriage and explains in
a highly engaging and accessible way why they do not support the
contention that biological status and parental gender matter when
it comes to parenting. He also explores the relevance of the social
science studies on the children of lesbians and gay men to the
question of whether same-sex couples have a constitutional right to
marry. In doing so, the book looks closely at the gay marriage
cases that reached the Supreme Court and explains why the
constitutionality of same-sex marriage bans could not be defended
on the basis that maintaining marriage as an exclusively
heterosexual institution promoted the best interests of children.
Same-Sex Marriage and Children will help lawyers, law professors,
judges, legislators, social and political scientists, historians,
and child welfare officials-as well as general readers interested
in matters related to marriage and families-understand the
empirical and legal issues behind the intersection of same-sex
marriage and children's welfare.
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