the first amendment and lgbt equality

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The First Amendment And Lgbt Equality

Author : Carlos A. Ball
ISBN : 9780674972193
Genre : History
File Size : 20. 50 MB
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Carlos A. Ball argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents, they should take care not to forget the crucial role the First Amendment played in the early decades of the movement, and not to erode the safeguards of liberty that allowed LGBT rights to exist in the first place.

The Dynamic Free Speech Clause

Author : Timothy Zick
ISBN : 9780190841430
Genre : Law
File Size : 26. 89 MB
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The right to free speech intersects with many other constitutional rights. Those intersections have significantly influenced the recognition, scope, and meaning of rights, ranging from freedom of the press to the Second Amendment right to bear arms. They have also influenced interpretation of the Free Speech Clause itself. This book examines the relations between the U.S. Constitution's Free Speech Clause and other constitutional rights. Free speech principles and doctrines have brought about constitutional rights including equal protection, the right to abortion, and the free exercise of religion. They have also provided mediating principles for constructive debates about constitutional rights. At the same time, in its interactions with other constitutional rights, the Free Speech Clause has also been a complicating force. It has often dominated rights discourse and has subordinated or supplanted free press, assembly, petition, and free exercise rights. Currently, courts and commentators are fashioning the Second Amendment right to keep and bear arms in the image of the Free Speech Clause. Borrowing the Free Speech Clause for this purpose may turn out to be detrimental for both rights. While examining the dynamics that have brought free speech and other rights together, the book assesses the products and consequences of these intersections, and draws important lessons from them about constitutional rights and constitutional liberty. Ultimately, the book defends a pluralistic conception of constitutional rights that seeks to leverage the power of the Free Speech Clause but also tame its propensity to subordinate, supplant, and eclipse other constitutional rights.

Freedom Of Speech

Author : Uladzislau Belavusau
ISBN : 9781135071974
Genre : Law
File Size : 44. 7 MB
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This book considers the issue of free speech in transitional democracies focusing on the socio-legal developments in the Czech Republic, Hungary, and Poland. In showing how these Central and Eastern European countries have engaged with free speech models imported from the Council of Europe / EU and the USA, the book offers valuable insights into the ways States have responded to challenges associated with transformation from communism to Western democracy. The book first explores freedom of expression in European and American law looking particularly at hate speech, historical revisionism, and pornography. It subsequently enquires into the role and perspectives of those European (mandatory) and US-American (persuasive) models for the constitutional debate in Central and Eastern Europe. The study offers an original interpretation of the "European" model of freedom of expression, beyond the mechanisms of the Council of Europe. It encompasses the relevant aspects of EU law (judgments of the Court of Justice and the harmonised EU instruments) as mandatory standards for courts and legislators, including those in transitional countries of Central and Eastern Europe. The book argues for de-criminalisation of historical revisionism and pornography, and illuminates topics such as genocide denial, the rise of Prague and Budapest as Europe’s porno-capitals, anti-Semitism and anti-Gypsyism, religious obscurantism and homophobia, virulent Islamophobia, and the glorification of terrorism. The research methodology in this study combines a descriptive case law assessment (comparative constitutional, public international, and EU law) with a normative critique stemming from post-structuralist scrutiny, rhetoric, postmodern legal movements, legal history, history of ideas, and art criticism. This book will be of interest to students and scholars of, comparative constitutional law, law and society, human rights and European law as well as political philosophers.

Gaylaw

Author : William N. ESKRIDGE
ISBN : 0674036581
Genre : Law
File Size : 43. 85 MB
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This book provides a comprehensive analysis of the legal issues concerning gender and sexual nonconformity in the United States. Part One, which covers the years from the post-Civil War period to the 1980s, is a history of state efforts to discipline and punish the behavior of homosexuals and other people considered to be deviant. During this period such people could get by only at the cost of suppressing their most basic feelings and emotions. Part Two addresses contemporary issues. Although it is no longer illegal to be openly gay in America, homosexuals still suffer from state discrimination in the military and in other realms, and private discrimination and violence against gays is prevalent. William Eskridge presents a rigorously argued case for the sexualization of the First Amendment, showing why, for example, same-sex ceremonies and intimacy should be considered expressive conduct deserving the protection of the courts. The author draws on legal reasoning, sociological studies, and history to develop an effective response to the arguments made in defense of the military ban. The concluding part of the book locates the author's legal arguments within the larger currents of liberal theory and integrates them into a general stance toward freedom, gender equality, and religious pluralism.

Lgbt Families

Author : Nancy J. Mezey
ISBN : 9781483321776
Genre : Social Science
File Size : 22. 91 MB
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Nancy J. Mezey’s LGBT Families presents a comprehensive yet accessible understanding of LGBT families today by drawing upon and making sense of the burgeoning scholarly literature about LGBT families from the late twentieth and early twenty first centuries. It pays particular attention to how structures of race, class, gender, sexuality, and age shape LGBT families, and how members of such families negotiate the social landscapes within which they exist. The book will help readers better understand the formation, experiences, challenges, and strengths of LGBT families, and addresses two main questions: Why are new family forms so threatening to certain groups of people in society? and How are new family forms beneficial to the society in which they exist?

Die Federalist Papers

Author : Alexander Hamilton
ISBN : 3406547540
Genre : Constitutional history
File Size : 88. 96 MB
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Gay Families And The Courts

Author : Susan Gluck Mezey
ISBN : 0742562190
Genre : Family & Relationships
File Size : 75. 85 MB
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This book makes a unique contribution to the study of gay rights politics by assessing the laws and policies governing the rights of gay children and gay families. The focus of the analysis will be on decision-making by state and lower federal courts_the very courts where the bulk of these questions are likely to be resolved.

An Argument For Same Sex Marriage

Author : Emily R. Gill
ISBN : 9781589019218
Genre : Social Science
File Size : 80. 92 MB
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The relationship between religious belief and sexuality as personal attributes exhibits some provocative comparisons. Despite the nonestablishment of religion in the United States and the constitutional guarantee of free exercise, Christianity functions as the religious and moral standard in America. Ethical views that do not fit within this consensus often go unrecognized as moral values. Similarly, in the realm of sexual orientation, heterosexuality is seen as the yardstick by which sexual practices are measured. The notion that "alternative" sexual practices like homosexuality could possess ethical significance is often overlooked or ignored. In her new book, An Argument for Same-Sex Marriage, political scientist Emily Gill draws an extended comparison between religious belief and sexuality, both central components of one’s personal identity. Using the religion clause of the First Amendment as a foundation, Gill contends that, just as US law and policy ensure that citizens may express religious beliefs as they see fit, it should also ensure that citizens may marry as they see fit. Civil marriage, according to Gill, is a public institution, and the exclusion of some couples from a state institution is a public expression of civic inequality. An Argument for Same-Sex Marriage is a passionate and timely treatment of the various arguments for and against same-sex marriage and how those arguments reflect our collective sense of morality and civic equality. It will appeal to readers who have an interest in gay and lesbian studies, political theory, constitutional law, and the role of religion in the contemporary United States.

Moral Argument Religion And Same Sex Marriage

Author : Emily R. Gill
ISBN : 0739126504
Genre : Law
File Size : 25. 97 MB
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This book engages with opponents of same-sex marriage on their own turf, morals discourse, and demonstrates that legal and political argumentation is on the side of gay rights advocates on this contemporary vexing issue. The diversity of its authors makes the book suitable for courses in political theory, Constitutional law, American politics, and gay studies.

S 598 The Respect For Marriage Act

Author : United States. Congress. Senate. Committee on the Judiciary
ISBN : MINN:31951D034655660
Genre : Same-sex marriage
File Size : 84. 28 MB
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