Gay Rights and American Law

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Cambridge University Press, Jun 9, 2003 - Law - 349 pages
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Gay Rights and American Law investigates how American appellate courts dealt with the struggle for lesbian and gay civil rights during the last two decades of the twentieth century. The study is grounded on an exhaustive database of both federal and state cases, rendered between 1981 and 2000, and of the personal attributes of the judges who decided them, as well as the ideological, institutional, and legal environments in which the decisions were situated. The work both explains how diverse factors influenced the adjudication of civil rights claims during a vital era of the homosexual civil rights movement and formulates promising methodologies for the meaningful quantitative empirical study of law.
 

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Contents

Introduction
1
The Context of the Study
2
The Cases
7
Case Outcome Variation by Court System and Subject Matter
9
Geographic Variation
10
Temporal Variation
12
Case Narratives
17
Lesbian and Gay Family Issues Not Involving CVAF
34
Federal and State Appellate Cases Adjudicating Lesbian and Gay Rights Claims 19812000
167
Cases Adjudicating Lesbian and Gay Family Issues 19812000
186
Cases Adjudicating Sexual Orientation Discrimination Claims Not Related to Lesbian and Gay Family Issues 19812000
196
Cases of Gays in the Military 19812000
200
Cases Adjudicating the Constitutionality of Consensual Sodomy and Related Solicitation Statutes and Their Enforcement Against Gay People 19812000
202
Cases Adjudicating the Free Speech and Free Association Rights of Lesbians and Gay Men 19812000
204
Miscellaneous Cases Essential to Lesbian and Gay Rights 19812000
206
Cases Adjudicating SameSex Sexual Harassment Claims 19812000
208

Cases Adjudicating Sexual Orientation Discrimination Claims Not Related to Lesbian and Gay Family Issues
42
Gays in the Military
53
Cases Adjudicating the Constitutionality of Consensual Sodomy and Related Solicitation Statutes and Their Enforcement Against Gay People
54
Cases Adjudicating the Free Speech and Free Association Rights of Lesbians and Gay Men
57
Miscellaneous Cases Essential to Lesbian and Gay Rights
63
SameSex Sexual Harassment
68
Defamation Involving Homosexuality
69
Miscellaneous Cases Not Essential to Lesbian and Gay Rights
70
The Lesbian and Gay Rights Claims Models
72
The Statistical Analysis
76
Findings
77
Applying the Models
93
Answers to Questions Posed in Chapter 2
98
Model Performance
100
Conclusion
104
Judicial Federalism and the Myth of Parity
105
Judicial Federalism Variables
109
Findings
110
Conclusion
116
A Test of Stare Decisis
118
The Legal Literature
119
The Political Science Literature
121
Lesbian and Gay Rights Claims and Precedent
127
Test One
132
Test Two
134
Caveats
141
Conclusion
142
Conclusion
144
The Promise of the States
145
The Value of Diversity on the Bench
146
Time Is on Our Side Yes It Is
150
Democrats Republicans and Gay Rights
151
Reprise
153
The Forces Motivating Judicial Decision Making
154
The Quantitative Study of Rights and of Law
155
Epilogue
162
How Court Decisions Were Identified
163
Defamation Cases Involving Issues of Homosexuality 19812000
210
Miscellaneous Cases Not Essential to Lesbian and Gay Rights 19812000
212
Further Data Collection Independent Variables and Statistical Technique
214
Sample Cover Letter Accompanying SelfAdministered Questionnaire
226
SelfAdministered Questionnaire Sent to Judges
227
Variable Coding
229
Logistic Regression Statistics for Votes in All Essential Decisions
233
Logistic Regression Statistics for Votes in Courts of Last Resort
236
Logistic Regression Statistics for Votes in Intermediate Appellate Courts
239
Logistic Regression Statistics for Votes in Family Cases
242
Logistic Regression Statistics for Votes in Nonfamily Cases
245
Logistic Regression Statistics for Votes in Custody Visitation Adoption and Foster Care Cases
248
Logistic Regression Statistics for Votes of Opinion Writers
250
Bias Arising from Incomplete Data
253
Logistic Regression Statistics for a Reduced Model of the Books Subset of All Votes in All Essential Decisions
255
Logistic Regression Statistics for a Reduced Model of All Votes in All Essential Decisions
257
Summary Statistics for the Variables in Appendix 35314
259
Judicial Federalism Variable Coding
267
Appellate Cases Adjudicating Constitutional Issues
268
Logistic Regression Statistics for All Votes with Judicial Federalism Variables
275
Logistic Regression Statistics for Votes in Federal Constitutional Decisions
278
Logistic Regression Statistics for Votes in Federal and State Constitutional Decisions
281
Logistic Regression Statistics for Votes in Courts of Last Resort with Judicial Federalism Variables
284
Logistic Regression Statistics for Votes in Intermediate Appellate Courts with Judicial Federalism Variables
287
Logistic Regression Statistics for Votes in Federal Court Decisions with Judicial Federalism Variables
290
Logistic Regression Statistics for Votes in State Court Decisions with Judicial Federalism Variables
292
Summary Statistics for the Supplemental Variables in Appendix 43
295
Precedential Variable Coding for Intermediate Appellate Courts
301
Cases Decided Under the Influence of Controlling Precedent
303
Logistic Regression Statistics for Votes in Intermediate Appellate Courts with Expanded Stare Decisis Variables
311
Summary Statistics for the Appendix 53
314
References
315
Author Index
333
Case Index
338
Subject Index
341
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