Synopses & Reviews
The U.S. Supreme Court of the 1960s and 1970s is typically celebrated by liberals and condemned by conservatives for its rulings on abortion, birth control, and other sexual matters. In this new work, historian Marc Stein demonstrates convincingly that both sides have it wrong. Focusing on six major Supreme Court cases, Stein examines more liberal rulings on birth control, abortion, interracial marriage, and obscenity alongside a profoundly conservative ruling on homosexuality in
Boutilier.
In the same era in which the Court recognized special marital, reproductive, and heterosexual rights and privileges, it also upheld an immigration statute that classified homosexuals as "psychopathic personalities." How, then, did Americans come to believe that the Court supported the sexual revolution? Stein shows that a diverse set of influential journalists, judges, and scholars translated the Court's language about marital and reproductive rights into bold statements about sexual freedom and equality. Creatively researched and persuasively argued, this book not only provides the first in-depth account of Boutilier, one of the Court's earliest gay rights cases, but will change the way we think about the Supreme Court and the sexual revolution.
Review
"Stein is the first scholar to examine this episode in any depth and to tell Boutilier's tragic story following the Supreme Court ruling."
-YFile, York University's Daily Bulletin
Review
"Offers a sophisticated understanding of the narrow outlook of the Court on issues of sexual rights. . . . An important contribution to the history of law, sexuality, immigration, and citizenship. . . . In addition to his brilliant interpretation of these cases, Stein also presents a beautiful discussion of his approach and methodology as well as a remarkable transparency in his use of potentially difficult sources. . . . Offers a remarkable model and a useful example for all historians."
-H-Net Reviews
Review
"Outstanding for collections on gay rights and the law. . . . Highly Recommended."
-Choice
Review
"Stein's invaluable study...make[s] it required reading for anyone seeking to understand the changing relationship between law and sexuality."
-The American Historical Review
Review
"An important contribution to the history of law, sexuality, immigration, and citizenship."
-H-Net Reviews
Review
"A valuable legal history of the period often referred to as the sexual revolution."
-Journal of Southern History
Review
"An important, readable, and persuasive book . . . . After reading this important new study, readers will indeed think twice before celebrating a sexual revolution in the Court."
-Law and History Review
Review
"Stein's analysis [of the case of
Boutilier] is thorough, nuanced, and multifaceted."
-Journal of American History
Synopsis
Focusing on six major Supreme Court cases during the 1960s and 1970s, Marc Stein examines the generally liberal rulings on birth control, abortion, interracial marriage, and obscenity in
Griswold,
Eisenstadt,
Roe,
Loving, and
Fanny Hill alongside a profoundly conservative ruling on homosexuality in
Boutilier. In the same era in which the Court recognized special marital, reproductive, and heterosexual rights and privileges, it also upheld an immigration statute that classified homosexuals as psychopathic personalities. Stein shows how a diverse set of influential journalists, judges, and scholars translated the Court's language about marital and reproductive rights into bold statements about sexual freedom and equality.
About the Author
Marc Stein is associate professor of history, women's studies, and sexuality studies at York University in Toronto. He is author of City of Sisterly and Brotherly Loves: Lesbian and Gay Philadelphia and editor-in-chief of the award-winning Encyclopedia of Lesbian, Gay, Bisexual, and Transgender History in America.