Gaylaw: Challenging the Apartheid of the Closet (Google eBook)

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Harvard University Press, Jun 30, 2009 - Law - 480 pages
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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.

  

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Gaylaw: challenging the apartheid of the closet

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Defining "gaylaw" as the ongoing history of judicial regulations regarding gender and sexual nonconformity, Eskridge (law, Yale Univ.) provides an exhaustive chronicle of legal constraints upon sexual ... Read full review

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Correction - it was Frieda Werden and Stewart Wilber who co-produced "What's Normal?" - the (probable) first syndicated radio program about homosexual lifestyles in 1975 (nationally syndicated by Longhorn Radio Network). Katherine Davenport and Frieda Werden co-founded the syndicated series WINGS: Women's International News Gathering Service out of San Francisco in 1985-86. This mistake is on pages 122-23. While it's nice to be mentioned at all, little errors like this suggest lack of attention to detail in research. 

Contents

1 Masquerade and the Law 18801946
17
2 Kulturkampf and the Threatening Closet 19461961
57
3 Coming Out and Challenging the Closet 19611981
98
Remnants of the closet Dont Ask Dont Tell
139
4 Hardwick and Historiography
149
5 The Sexualized First Amendment
174
6 Multivocal Prejudices and Homo Equality
205
After the Closet Queer Theory and the Sexual State
239
State Criminal Laws Protecting the Sexuality of Male as Well as Female Miners 1870190
342
Modern State and Municipal Regulation of Sexual and Gender Variation
353
State Sexual Psychopath Laws 19351961
354
State and Municipal Laws against Sexual Orientation Discrimination 19721998
356
State and Federal Policies Discriminating on the Basis of Sexual or Gender Variations 1998
362
Statistics
373
Sodomy Arrests Twelve American Cities 18751965
374
Reported Sodomy Cases 18801995
375

7 Sexual Consent Paradoxes
243
8 Beyond Families We Choose
271
Equality Practice
293
Regulating Sexual and Gender Variation in the United States
325
Early Municipal and State Regulation of Sexual and Gender Variation
327
StateConsensual Sodomy Laws 16101998
328
Municipal Sex Offense Ordinances 18501950
338
Degenerates arraigned in New York Citys Magistrates Courts 19151962
376
Sex Offense Arrests in St Louis 18741946
380
US military personnel discharged on grounds of homosexuality 19471998
381
Sexual outlaws debarred from entering the United States by immigration authorities 18921956
383
notes
385
index
462
Copyright

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About the author (2009)

William N. Eskridge, Jr. is Professor of Law at Yale Law School.

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