Gaylaw / Edition 1

Gaylaw / Edition 1

by William N. Jr. Eskridge
     
 

In a comprehensive analysis of the legal issues concerning gender and sexual nonconformity in the United States, 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 book also… See more details below

Overview

In a comprehensive analysis of the legal issues concerning gender and sexual nonconformity in the United States, 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 book also 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.

Product Details

ISBN-13:
9780674008045
Publisher:
Harvard University Press
Publication date:
04/30/2002
Pages:
484
Product dimensions:
1.08(w) x 6.00(h) x 9.00(d)

Meet the Author

Table of Contents

  • Acknowledgments
  • Introduction
  • I. The Apartheid of the Closet

    • Masquerade and the Law, 1880–1946
    • Kulturkampf and the Threatening Closet, 1946–1961
    • Coming Out and Challenging the Closet, 1961–1981


  • II. Remnants of the Closet (Don’t Ask, Don’t Tell)

    • Hardwick and Historiography
    • The Sexualized First Amendment
    • Multivocal Prejudices and Homo Equality


  • III. After the Closet: Queer Theory and the Sexual State

    • Sexual Consent Paradoxes
    • Beyond Families We Choose
    • Religion and Homosexuality: Equality Practice


  • Appendixes Regulating Sexual and Gender Variation in the United States

    • A. Early Municipal and State Regulation

      • State Consensual Sodomy Laws, 1610–1998
      • Municipal Sex Offense Ordinances, 1850–1950
      • State Criminal Laws Protecting the Sexuality of Male as Well as Female Minors, 1870–1970


    • B. Modern State and Municipal Regulation

      • State Sexual Psychopath Laws, 1935–1961
      • State and Municipal Laws against Sexual Orientation Discrimination, 1972–1998
      • State and Federal Policies Discriminating on the Basis of Sexual or Gender Variation, 1998


    • C. Statistics

      • Sodomy Arrests, Twelve American Cities, 1875–1965
      • Reported “Sodomy” Cases, 1880–1995
      • “Degenerates” Arraigned in New York City’s Magistrates’ Courts, 1915–1962
      • Sex Offense Arrests in St. Louis, 1874–1946
      • Military Personnel Discharged on Grounds of Homosexuality, 1947–1998
      • Sexual Outlaws Debarred from Entering the United States by Immigration Authorities, 1892–1956




  • Notes
  • Index

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