Rainbow Rights: The Role of Lawyers and Courts in the Lesbian and Gay Civil Rights Movement

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Westview Press, 2000 - Law - 316 pages
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This book describes the substantive state of the law with regard to lesbian and gay rights. It begins with some background information to put the modern fight for lesbian and gay rights in its proper historical context, then categorizes lesbian and gay rights claims into three areas-individual rights in private contexts, individual rights in public contexts, and couple or family rights thought of as private but pushing into the public sphere-that add up to a single principle: the right to be human in a modern society.Arguing against the popular misconception that the Lesbian and Gay Rights Movement began with Stonewall in 1969, Patricia Cain shows that the first gay rights organization in the United States was formed in 1924 in Chicago. From the Mattachine Society in Los Angeles and the Daughters of Bilitis in San Francisco, to the formation of the Society for Individual Rights (SIR) in 1964, the book examines the ways that these early organizations, although different from today's gay rights groups, served as important contributions to the modern fight for lesbian and gay legal rights. The author looks at how the most important cases of the 1950s and 1960s--the political battles over keeping gay and lesbian bars open and the fight by government employees to keep their jobs during the governmental purge of suspected homosexuals along with suspected communists during the McCarthy era--have helped to shape the state of the law today. By exploring the background, key cases, and important issues yet to be resolved, Rainbow Rights translates the legal claims and arguments into accessible language and concepts which will be of interest not only to lawyers and law students, but also to persons not trained in the law.
  

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Contents

Lessons to Be Learned
12
Lawyers Legal Theories and Litigation Strategy
45
19501985
73
19501985
133
When Private Becomes Public Coupling in
155
Immigration
162
Notes
168
Public Sphere Rights PostBowers v Hardwick
183
Public Recognition of Private Relationships
254
Marriage Rights by Litigation or Legislation?
263
Nonstatutory Recognition of Lesbian and Gay Families
272
Table of Cases
289
Bibliography
308
Copyright

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Page 29 - Man is, or should be, woman's protector and defender. The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life.
Page 261 - That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community...
Page 42 - There may be narrower scope for operation of the presumption of constitutionality when legislation appears on its face to be within a specific prohibition of the Constitution, such as those of the first ten amendments, which are deemed equally specific when held to be embraced within the Fourteenth.
Page 20 - Such considerations apply with added force to children in grade and high schools. To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.
Page 202 - Neither the State of Colorado, through any of its branches or departments, nor any of its agencies, political subdivisions, municipalities or school districts, shall enact, adopt or enforce any statute, regulation, ordinance or policy whereby homosexual, lesbian or bisexual orientation, conduct, practices or relationships shall constitute or otherwise be the basis of or entitle any person or class of persons to have or claim any minority status, quota preferences, protected status or claim of discrimination.
Page 118 - It is difficult to conceive of an area of governmental activity in which the courts have less competence. The complex, subtle, and professional decisions as to the composition, training, equipping, and control of a military force are essentially professional military judgments, subject always to civilian control of the Legislative and Executive branches.
Page 42 - ... prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondinglymore searching judicial inquiry.
Page 181 - a person commits the offense of sodomy when he performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another.
Page 117 - This Court has long recognized that the military is, by necessity, a specialized society separate from civilian society.

About the author (2000)

Patricia A. Cain is professor of law at the University of Iowa College of Law. She received her A.B. from Vassar College and her J.D. from the University of Georgia. She teaches courses in federal taxation, wills and estates, property, sexual orientation and the law, and feminist legal history.

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