Category Archives: Lesbian, Gay, Bisexual & Transgender Law

Library Highlights: Sexuality and the Law

Intersexuality and the law

Intersexuality and the Law

Julie Greenberg

KF478.5 .G74 2012

From the Publisher: In Intersexuality and the Law, Julie A. Greenberg examines the role that legal institutions can play in protecting the rights of people with an intersex condition. She also explores the relationship between the intersex movement and other social justice movements that have effectively utilized legal strategies to challenge similar discriminatory practices. She discusses the feasibility of forming effective alliances and developing mutually beneficial legal arguments with feminists, LGBT organizations, and disability rights advocates to eradicate the discrimination suffered by these marginalized groups.

Loving v Virginia

Loving V. Virginia in a Post-Racial World

Kevin Noble Maillard

KF517 .L68 2012

From the Publisher: In 1967, the U.S. Supreme Court ruled that laws prohibiting interracial marriage were unconstitutional in Loving vs. Virginia. Although this case promotes marital freedom and racial equality, there are still significant legal and social barriers to the free formation of intimate relationships. Marriage continues to be the sole measure of commitment, mixed relationships continue to be rare, and same-sex marriage is only legal in 6 out of 50 states. Most discussion of Loving celebrates the symbolic dismantling of marital discrimination. This book, however, takes a more critical approach to ask how Loving has influenced the “loving” of America. How far have we come since then, and what effect did the case have on individual lives?

Geography of Love

The Geography of Love: Same-Sex Marriage & Relationship Recognition in America (the Story in Maps)

Peter Nicolas

KF539 .N52 2011

From the Publisher: There is no question that the most prominent gay rights issue in the United States today is the right to marry. Yet accurate, objective information about same-sex marriage and relationship recognition in the United States is difficult to come by. In this book, Seattle-based authors Peter Nicolas & Mike Strong combine their respective training in law and geography to depict the history and current state of marriage and relationship recognition rights for same-sex couples in the United States in words…and in maps.

Gender sexualities and the law

Gender, Sexualities and Law

Jackie Jones et al.

K644 .G459 2011

From the Publisher: This collection of essays offers an unrivalled examination of its various contemporary dimensions, focusing on: issues of theory and representation; violence, both national and international; reproduction and parenting; and partnership, sexuality, marriage and the family. Gender, Sexualities and Law will be invaluable for all those engaged in research and study of the law (and related fields) as a form of gendered power.

Courting change

Courting Change Queer Parents, Judges, and the Transformation of American Family Law

Kimberly D. Richman

KF540 .R53 2009 

From the Publisher: In Courting Change, Kimberly D. Richman zeros in on the nebulous realm of family law, one of the most indeterminate and discretionary areas of American law. She focuses on judicial decisions—both the outcomes and the rationales—and what they say about family, rights, sexual orientation, and who qualifies as a parent. Richman challenges prevailing notions that gay and lesbian parents and families are hurt by laws’ indeterminacy, arguing that, because family law is so loosely defined, it allows for the flexibility needed to respond to—and even facilitate — changes in how we conceive of family, parenting, and the role of sexual orientation in family law.

states of passion

States of Passion

Yvonne Zylan

KF9325 .Z85 2011

From the Publisher: Professor Yvonne Zylan explores the role of legal discourse in shaping sexual experience, sexual expression, and sexual identity. The book focuses on three topics: anti-gay hate crime laws, same-sex sexual harassment, and same-sex marriage, examining how sexuality is socially constructed through the institutionally-specific production of legal discourse.

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U.S. News: DADT Repealed! DREAM Act defeated.

This weekend in the U.S., many of us celebrated the repeal of “Don’t ask, don’t tell,” the statute that allowed individuals to be discharged from the military for being openly gay. For many, this represents a Presidential promise made by Bill Clinton, that is finally being fulfilled.

Although this is some evidence that President Obama’s sometimes  subtle political techniques,  seem to be working, those supporting the repeal should still be concerned that there is currently no timeline for the process of implementation.

Some might ask, what about our troops, how is this affecting their ability to function on the battlefield. The Marines for one intend to do just what they have always done, they intend to follow orders and to lead the way, but don’t take my word for it. In spite of his own personal opinions regarding the repeal, here’s what General James F. Amos, commandant of the Marine Corps had to say in the New York Times article entitled A How-To Guide for a New Military “the Marine Corps will step out smartly to faithfully implement this new policy.”

While this progressive move by the U.S. government, distinguishes our culture of human rights from that of countries like Uganda, where being openly gay is illegal, the U.S. Senate giveth and the U.S. Senate taketh away.

From NPR, See:

Law, Technology & Communications – Recent Acquisitions

Feminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations
edited by Martha Albertson Fineman, Jack E. Jackson, Adam P. Romero
K349 .F455 2009
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Food and Drug Law: Cases and Materials
Peter Barton Hutt, Richard A. Merrill, Lewis Grossman
KF3868 .F66 2007 (Course Reserve)
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International Business Transactions: A Problem-oriented Coursebook
Ralph H. Folsom et al.
KF1976.A4 F65 2009 (Course Reserve)
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The Law and Harry Potter
edited by Jeffrey E. Thomas and Franklin G. Snyder
PR6068.O93 Z756 2010 (Lobby Display)
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Library Highlights: GLBT Rights

California Supreme Court Oral Arguments: Proposition 8 Same-Sex Marriage March 5, 2009. California. Supreme Court
VIDEO KFC129 .C257 2009
From the Publisher: The California Supreme Court heard oral arguments on Thursday, March 5, 2009, in three cases challenging the constitutionality of Proposition 8 (Ban on Same Sex Marriage) , a statewide ballot initiative that was passed by a majority of California voters in November 2008.

When Gay People get Married: What Happens when Societies Legalize Same-Sex Marriage
M.V. Lee Badgett
K699 .B33 2009
From the Publisher: […] In order to find out the impact of same-sex marriage, M. V. Lee Badgett traveled to a land where it has been legal for same-sex couples to marry since 2001: the Netherlands. Badgett interviews gay couples to find out how this step has affected their lives. We learn about the often surprising changes to their relationships, the reactions of their families, and work  colleagues. Moreover, Badgett is interested in the ways that the institution itself has been altered for the larger society. How has the concept of marriage changed? When Gay People Get Married gives readers a primer on the current state of the same-sex marriage debate, and a new way of framing the issue that provides valuable new insights into the political, social, and personal stakes involved.

The experiences of other countries and these pioneering American states serve as a crystal ball as we grapple with this polarizing issue in the American context. The evidence shows both that marriage changes gay people more than gay people change marriage, and that it is the most liberal countries and states making the first move to recognize gay couples. In the end, Badgett compellingly shows that allowing gay couples to marry does not destroy the institution of marriage and that many gay couples do benefit, in expected as well as surprising ways, from the legal, social, and political rights that the institution offers.

Constitutional Rights, Moral Controversy, and the Supreme Court
Michael J. Perry
KF8748 .P39 2009
From the Publisher: In this important new book, Michael J. Perry examines three of the most disputed constitutional issues of our time: capital punishment, state laws banning abortion, and state policies denying the benefit of law to same-sex unions. The author, a leading constitutional scholar, explains that if a majority of the justices of the Supreme Court believes that a law violates the Constitution, it does not necessarily follow that the Court should rule that the law is unconstitutional. In cases in which it is argued that a law violates the Constitution, the Supreme Court must decide which of two importantly different questions it should address: (1) Is the challenged law unconstitutional? (2) Is the lawmakers’ judgment that the challenged law is constitutional a reasonable judgment? (One can answer both questions in the affirmative.) By focusing on the death penalty, abortion, and same-sex unions, Perry provides illuminating new perspectives not only on moral controversies that implicate one or more constitutionally entrenched human rights, but also on the fundamental question of the Supreme Court’s proper role in adjudicating such controversies.

Queer Mobilizations: LGBT Activists Confront the Law
edited by Scott Barclay, Mary Bernstein, and Anna-Maria Marshall
KF4754.5 .Q84 2009
From the Publisher: Fighting for marriage and family rights; protection from discrimination in employment, education, and housing; criminal law reform; economic justice; and health care reform: the LGBT movement is engaged in some of the most important cultural and political battles of our times. Seeking to reshape many of our basic social institutions, the LBGT movement’s legal, political, and cultural campaigns reflect the complex visions, strategies, and rhetoric of the individuals and groups knocking at the law’s door. The original essays in this volume bring social movement scholarship and legal analysis together, enriching our understanding of social movements, LGBT politics and organizing, legal studies, and public policy. Moreover, they highlight the struggle to make the law relevant and responsive to the LGBT community. Ultimately, Queer Mobilizations examines how the LGBT movement’s engagement with the law shapes the very meanings of sexuality, sex, gender, privacy, discrimination, and family in law and society.

Courting Change: Queer Parents, Judges, and the Transformation of American Family Law
Kimberly D. Richman
KF540 .R53 2009
From the Publisher: A lesbian couple rears a child together and, after the biological mother dies, the surviving partner loses custody to the child’s estranged biological father. Four days later, in a different court, judges rule on the side of the partner, because they feel the child relied on the woman as a psychological parent. What accounts for this inconsistency regarding gay and lesbian adoption and custody cases, and why has family law failed to address them in a comprehensive manner? In Courting Change, Kimberly D. Richman zeros in on the nebulous realm of family law, one of the most indeterminate and discretionary areas of American law. She focuses on judicial decisions—both the outcomes and the rationales—and what they say about family, rights, sexual orientation, and who qualifies as a parent. Richman challenges prevailing notions that gay and lesbian parents and families are hurt by laws’ indeterminacy, arguing that, because family law is so loosely defined, it allows for the flexibility needed to respond to — and even facilitate — changes in how we conceive of family, parenting, and the role of sexual orientation in family law.

Drawing on every recorded judicial decision in gay and lesbian adoption and custody cases over the last fifty years, and on interviews with parents, lawyers, and judges, Richman demonstrates how parental and sexual identities are formed and interpreted.

Same-Sex Marriage and Religious Liberty: Emerging Conflicts
edited by Douglas Laycock, Anthony R. Picarello, Jr., and Robin Fretwell Wilson
BL462 .S36 2008
From the Publisher: [This title] explores two principal questions. First, exactly what kind of religious freedom conflicts are likely to emerge if society embraces same-sex marriage? A redefinition of marriage would impact a host of laws where marital status affects legal rights—in housing, employment, healthcare, education, public accommodations, and property, in addition to family law. These laws, in turn, regulate a host of religious institutions—schools, hospitals, and social service providers, to name a few—that often embrace a different definition of marriage. As a result, church-state conflicts will follow. This volume anticipates where and how these manifold disputes will arise. Second, how might these conflicts be resolved? If the disputes spark litigation under the Free Speech, Free Exercise, or Establishment Clauses of the First Amendment, who will prevail and why? When, if ever, should claims of religious liberty prevail over claims of sexual liberty? Drawing on experience in analogous areas of law, the volume explores whether it is possible to avoid these constitutional conflicts by statutory accommodation, or by separating religious marriage from civil marriage.

October is LGBT History Month

LGBT_Awareness_DisplayLGBT History Month is a month-long annual observance of lesbian, gay, bisexual and transgender history, and the history of the gay rights and related civil rights movements. It is observed during October in the United States, to include National Coming Out Day on October 11.

LGBT History Month originated in the United States and was first celebrated in 1994. It was founded by Missouri high-school history teacher Rodney Wilson. Among early supporters and members of the first coordinating committee were Kevin Jennings of the Gay, Lesbian and Straight Education Network (GLSEN); Kevin Boyer of Gerber/Hart Gay and Lesbian Library and Archives in Chicago; Paul Varnell, writer for the Windy City Times; Torey Wilson, Chicago area teacher; Johnda Boyce, women’s studies major at Columbus State University and Jessea Greenman of UC-Berkeley. Many gay and lesbian organizations supported the concept early on.

October also commemorates the first march on Washington by LGBT people in 1979. LGBT History Month is intended to encourage honesty and openness about being lesbian, gay, bisexual or transgender.

Come by the Library Lobby and check out our display of library materials celebrating the history of the gay, lesbian, bisexual, and transgender community over the last 40 years.

Law & Social Justice — Recent Acquisitions

The Child Sex Trade
produced by Kurtis Productions, Ltd. for A&E Network; executive producer, Bill Kurtis;
HQ117 .C45 2008 VIDEO (Reserve)
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Children in the Legal System: Cases and Materials
Samuel M. Davis … [et al.]
KF479 .C46 2009 (Course Reserve)
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The Constitution, Race, and Renewed Relevance of Original Intent: Reclaiming the Lost Opportunity of Federalism
Donald Lively
KF4545.S5 L58 2008
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Constitutional Law: The Religion Clauses
Daniel O. Conkle
KF4783 .C62 2009
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Economic Analysis of Civil Law
Hans-Bernd Schafer, Claus Ott; translated from the German by Matthew Braham
K623 .S313 2004
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Efficiency Instead of Justice?: Searching for the Philosophical Foundations of the Economic Analysis of Law
Klaus Mathis; translated by Deborah Shannon
K487.E3 M3813 2009
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Eyes on the prize
creator and executive producer, Henry Hampton
E185.61 .E848 2006 VIDEO (Reserve)
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Fairer Sex
ABC primetime; ABC news
HQ1426 .F342 2008 VIDEO (Reserve)
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Family & Intimate Partner Violence Quarterly
Legal Periodical (2nd floor)
Thomcat

FORECITE California: Latest Developments in CALCRIM and CALJIC
Thomas Lundy
KFC1171 .F67 2006
Thomcat

Gifts: a Study in Comparative Law
Richard Hyland
K898 .H95 2009
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Global Climate Change and the Road to Extinction: The Legal and Planning Response
James A. Kushner
QC981.8.C5 K875 2009 (New Book Shelf)
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Gun Control: a Documentary and Reference Guide
Robert J. Spitzer
KF3941 .S678 2009 (Reference)
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How to Keep Control of Your Life after 60: a Guide for your Legal, Medical, and Financial Well-being
Teresa Schwab Myers
KF390.A4 M97 1989
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Human Rights: Initial Publication of the American Section of the International Association for the Philosophy of Law and Social Philosophy, Consisting of the Papers Prepared for its Second Plenary Meeting
edited by Ervin H. Pollack
K3240 .H8574 1971
Thomcat

In the Name of Justice: Leading Experts Reexamine the Classic Article “The Aims of the Criminal Law”
edited by Timothy Lynch
KF9223 .I58 2009
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International Law and Fact-finding in the Field of Human Rights
edited by B.G. Ramcharan
K3240.4 .I58 1982
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The International Politics of Judicial Intervention: Creating a More Just Order
Andrea Birdsall
KZ4017 .B57 2009 (New Book Shelf)
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Judges on Judging: Views from the Bench
collected and edited by David M. O’Brien
KF8775.A75 J82 2009
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Law and the Contradictions of the Disability Rights Movement
Samuel R. Bagenstos
KF480 .B345 2009
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Legal Ethics: Rules, Statutes and Comparisons
KF306 .L447
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Legal Responses to HIV and AIDS
James Chalmers
K3575.A43 C45 2008
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Legally Speaking: Contemporary American Culture and the Law
Helle Porsdam
KF385 .P645 1999
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Living Constitution, Dying Faith: Progressivism and the New Science of Jurisprudence
Bradley C.S. Watson
KF4552 .W38 2009
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The Lost History of the Ninth Amendment
Kurt T. Lash
KF4558 9th .L37 2009
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The Necessary Evil of Preventive Detention in the War on Terror: a Plan for a More Moderate and Sustainable Solution
Stephanie Cooper Blum
KF9430 .B48 2008 (New Book Shelf)
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The New Aging: Politics and Change in America
Fernando M. Torres-Gil
HV1461 .T66 1992
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The Principle of Legality in International and Comparative Criminal Law
Kenneth S. Gallant
K5165 .G35 2009
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Principled Sentencing: Readings on Theory and Policy
edited by Andrew von Hirsch, Andrew Ashworth and Julian Roberts.
K5121.Z9 P75 2009
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Protecting Civilians: The Obligations of Peacekeepers
Siobhan Wills
KZ6515 .W55 2009
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Regulating Tobacco
edited by Robert L. Rabin & Stephen D. Sugarman
HD9136 .R43 2001
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Regulators: Our Invisible Government, 1982
KF5407 .R43 2004 (Video)
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Rules of Disengagement: The Politics and Honor of Military Dissent
Marjorie Cohn (TJSL Faculty) and Kathleen Gilberd
U22 .C542 2009
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Sexual Discrimination and Harassment
edited by Rachel C. Feldman
KF4758 .S49 2008
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Speaking for the Dead: The Human Body in Biology and Medicine
D. Gareth Jones and Maja I. Whitaker
QM33.5 .J66 2009
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Speaking Up: The Unintended Costs of Free Speech in Public Schools
Anne Proffitt Dupre
KF4124.5 .D87 2009
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Territorial Rights
Tamar Meisels
KZ3675 .M45 2009
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Trade and Investment Rule-making: The Role of Regional and Bilateral Agreements
edited by Stephen Woolcock
HF1418.7 .T723 2006
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The Ugly Laws: Disability in Public
Susan M. Schweik
KF480 .S39 2009
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Youth Outloud!: A Documentary Addressing Lesbian, Gay, Bisexual and Transgender Youth Issues in our Schools
produced, written, and directed by Kathy Hines & Becky Burklee
HQ75.15 .Y68 2000 (Reserve)
Thomcat