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Case for Gay Rights (05 Edition)

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Case for Gay Rights (05 Edition) Cover

 

Synopses & Reviews

Please note that used books may not include additional media (study guides, CDs, DVDs, solutions manuals, etc.) as described in the publisher comments.

Publisher Comments:

As Americans wrestle with red-versus-blue debates over traditional values, defense of marriage, and gay rights, reason often seems to take a back seat to emotion. In response, David Richards, a widely respected legal scholar and long-time champion of gay rights, reflects upon the constitutional and democratic principles—relating to privacy, intimate life, free speech, tolerance, and conscience-that underpin these often heated debates.

The distillation of Richards's thirty-year advocacy for the rights of gays and lesbians, his book provides a reflective treatise on basic human rights that touch all of our lives. Drawing upon his own experiences as a gay man, Richards interweaves personal observations with philosophical, political, judicial, and psychological insights to make a compelling case that gays should be entitled to the same rights and protections that every American enjoys. Indeed, the call for gay rights can trace its lineage back to the powerful protest movements of the 1960s and 1970s, which demanded racial and sexual equality and ultimately overthrew the bigoted status quo.

Richards focuses particularly on two key Supreme Court cases: the 1986 decision in Bowers v. Hardwick upholding Georgia's anti-sodomy laws and the 2003 decision in Lawrence v. Texas striking down Texas anti-sodomy laws and overturning Bowers. He shows how Bowers arose in a period of constitutional crisis over the right to privacy and examines the opinions in light of the Court's division in Roe v. Wade. He then shows that Lawrence must be understood in the context of later cases, notably Casey and Romer, which required that Bowers be reconsidered and overruled. Along the way, he examines current debates over gays in the military and same-sex marriage, assesses the Massachusetts Supreme Court's decision to permit gay marriage, and critiques the 1996 Defense of Marriage Act.

Eloquent and impassioned, Richards's work crystallizes the essence of the argument for a much more expansive and tolerant view of gay rights in America. It also offers a touching account of one gay man's very personal struggle to find the voice he needed to speak truth to the powerful forces of discrimination.

Book News Annotation:

Richards (law, New York U.) examines the development of jurisprudence on gay rights in the United States from legal, philosophical, political, psychological, and personal perspectives. He first discusses the foundations of the protection of gay rights in the normative political theory of American institutional liberalism and in the post-World War II robust judicial protection of free speech. He then turns to analysis of the development of the judicial understanding of religion, race/ethnicity, and gender as suspect classifications and the related judicial protection of the right to an intimate life. These discussions lead up to close analysis of Bowers v. Hardwick, the 1986 Supreme Court case upholding Georgia's anti-sodomy laws, and Lawrence v. Texas, which overturned Bowers in 2003. Richards then presents an argument for considering sexual orientation a suspect classification and considers the implications of the current juridical landscape for legal recognition of same-sex marriage. He concludes with an exploration of psychological motivations for resistance to oppression and the reactionary politics such resistance elicits.
Annotation 2005 Book News, Inc., Portland, OR (booknews.com)

Synopsis:

A timely and eloquent intellectual treatise in defense of gay rights, based on a close examination of constitutional and democratic principles governing fundamental human rights relating to privacy, free speech, and conscience, and presented through the prism of the author's own personal experience as a gay man.

Table of Contents

Preface

Acknowledgments

1. The Personal as Political

The Struggle for Voice

Personal History

Part I: Philosophy

2. Philosophy

-Utilitarian Equality

-Contractualist Equality

-Liberal Political Philosophy and -Constitutional Law

Part II: Law

3. Judicial Review in the United States After World War II: Free Speech and Gay Rights as a Protest Movement

-Resisting Voice in History

-Why So Late?

-The Emergence of Arguments for Gay Rights

4. Judicial Review in the United States After World War II: Religion, Race, and Gender

Antebellum Radical Abolitionist Protest

Constitutional Struggle, the Civil Rights Movement, and Abolitionist Antiracism

-The Feminist Movement and Constitional Development

5. The Constitutional Rights to Privacy

6. Bowers v. Hardwick

7. Lawrence v. Texas

8. Sexual Orientation as a Suspect Class

-The Religion Analogy

-The Gender Analogy

-Anti-Lesbian/Gay Initiatives

-Exclusion from the Military

9. Same-Sex Marriage

Part III: Psychology

10. Psychology

-Voice, Resistance, Reaction, and Psychology

-Men, Honor, and Obligatory Violence

-Democratic Manhood

-Gay/Lesbian Resistance

Notes

Bibliography

Index of Cases

Subject Index

Product Details

ISBN:
9780700613915
Author:
Richards, David A.j.
Publisher:
University Press of Kansas
Author:
Richards, David A. J.
Subject:
Gay Studies
Subject:
Constitutional
Subject:
Gays
Subject:
Gay rights
Subject:
Political Freedom & Security - Civil Rights
Subject:
Gay rights -- United States.
Subject:
Gays -- Legal status, laws, etc.
Subject:
Law | Constitutional Law
Subject:
Gender & the Law
Publication Date:
20050931
Binding:
HARDCOVER
Language:
English
Pages:
262
Dimensions:
9.06x6.36x1.08 in. 1.14 lbs.

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Related Subjects

» Gay and Lesbian » Fiction and Poetry » General
» History and Social Science » Law » Civil Liberties and Human Rights
» History and Social Science » Law » Constitutional Law
» History and Social Science » Law » Legal Guides and Reference
» History and Social Science » Military » General History
» History and Social Science » Politics » United States » Politics

Case for Gay Rights (05 Edition) Used Hardcover
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Product details 262 pages University Press of Kansas - English 9780700613915 Reviews:
"Synopsis" by , A timely and eloquent intellectual treatise in defense of gay rights, based on a close examination of constitutional and democratic principles governing fundamental human rights relating to privacy, free speech, and conscience, and presented through the prism of the author's own personal experience as a gay man.
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