Download or read book Liberal Constitutionalism Marriage and Sexual Orientation written by Gordon Albert Babst and published by Teaching Texts in Law and Politics. This book was released on 2002 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberal Constitutionalism, Marriage, and Sexual Orientation: A Contemporary Case for Dis-Establishment uses constitutional theory and political philosophy to shed light on an elusive feature of American jurisprudence: the establishment of a sectarian preference in the law to the detriment of American citizens who happen to be gay or lesbian and who wish to exercise their fundamental right to marry. Reviewing aspects of liberal-democratic theory, marriage law, and pertinent analogies that deal with the right to marry, Gordon Albert Babst presents the notion of the «shadow establishment, » which makes the best sense of a constitutional affirmation of bias against same-sex marriage and gay persons in the law.
Download or read book Liberal Constitutionalism Marriage Sexual Orientation written by and published by . This book was released on 2002 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Outrage written by Peter Sprigg and published by Regnery. This book was released on 2004-07 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the debate over same-sex marriages and traces the history of law relating to the subject.
Download or read book Courts Liberalism and Rights written by Jason Pierceson and published by Temple University Press. This book was released on 2005 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding approaches to liberalism through the study of the politics of gay and lesbian rights.
Download or read book Sexuality and Citizenship written by Diane Richardson and published by John Wiley & Sons. This book was released on 2017-09-18 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sexual citizenship has become a key concept in the social sciences. It describes the rights and responsibilities of citizens in sexual and intimate life, including debates over equal marriage and women's human rights, as well as shaping thinking about citizenship more generally. But what does it mean in a continually changing political landscape of gender and sexuality? In this timely intervention, Diane Richardson examines the normative underpinnings and varied critiques of sexual citizenship, asking what they mean for its future conceptual and empirical development, as well as for political activism. Clearly written, the book shows how the field of sexuality and citizenship connects to a range of important areas of debate including understandings of nationalism, identity, neoliberalism, equality, governmentality, individualization, colonialism, human rights, globalization and economic justice. Ultimately this book calls for a critical rethink of sexual citizenship. Illustrating her argument with examples drawn from across the globe, Richardson contends that this is essential if scholars want to understand the sexual politics that made the field of sexuality and citizenship studies what it is today, and to enable future analyses of the sexual inequalities that continue to mark the global order.
Download or read book Same sex Marriage Debate written by Justin Healey and published by . This book was released on 2013 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Same-sex marriages are currently not permitted under Australian federal law. Although same-sex couples in a de facto relationship have had most of the legal rights of married couples since July 2009, there is however no national registered partnership or civil union scheme.
Download or read book Moral Argument Religion and Same sex Marriage written by Gordon Albert Babst and published by Rowman & Littlefield. This book was released on 2009 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: The diverse, expert contributors to this volume from the fields of politics and law use moral argumentation with respect to same-sex marriage, gay rights in general, and California's Proposition 8. The arguments are advanced in terms of the nation's foundational political and legal principles, extending ethical argumentation to important contemporary public policy areas such as marriage, the separation of church and state, and the rearing of children. The main contribution of moral Argument, Religion, and Same-Sex Marriage is in its direct engagement with the political and legal arguments of the gay community's critics on their own moral and ethical terms. Along the way, important concepts in public discourse-such as governmental neutrality, the right to marry, and religious freedom-are presented and cast in the light of liberal-democratic theory. Book jacket.
Download or read book From Disgust to Humanity written by Martha C. Nussbaum and published by Oxford University Press. This book was released on 2010-02-18 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished professor of law and philosophy at the University of Chicago, a prolific writer and award-winning thinker, Martha Nussbaum stands as one of our foremost authorities on law, justice, freedom, morality, and emotion. In From Disgust to Humanity, Nussbaum aims her considerable intellectual firepower at the bulwark of opposition to gay equality: the politics of disgust. Nussbaum argues that disgust has long been among the fundamental motivations of those who are fighting for legal discrimination against lesbian and gay citizens. When confronted with same-sex acts and relationships, she writes, they experience "a deep aversion akin to that inspired by bodily wastes, slimy insects, and spoiled food--and then cite that very reaction to justify a range of legal restrictions, from sodomy laws to bans on same-sex marriage." Leon Kass, former head of President Bush's President's Council on Bioethics, even argues that this repugnance has an inherent "wisdom," steering us away from destructive choices. Nussbaum believes that the politics of disgust must be confronted directly, for it contradicts the basic principle of the equality of all citizens under the law. "It says that the mere fact that you happen to make me want to vomit is reason enough for me to treat you as a social pariah, denying you some of your most basic entitlements as a citizen." In its place she offers a "politics of humanity," based not merely on respect, but something akin to love, an uplifting imaginative engagement with others, an active effort to see the world from their perspectives, as fellow human beings. Combining rigorous analysis of the leading constitutional cases with philosophical reflection about underlying concepts of privacy, respect, discrimination, and liberty, Nussbaum discusses issues ranging from non-discrimination and same-sex marriage to "public sex." Recent landmark decisions suggest that the views of state and federal courts are shifting toward a humanity-centered vision, and Nussbaum's powerful arguments will undoubtedly advance that cause. Incisive, rigorous, and deeply humane, From Disgust to Humanity is a stunning contribution to Oxford's distinguished Inalienable Rights series.
Download or read book Beyond Race Sex and Sexual Orientation written by Sonu Bedi and published by Cambridge University Press. This book was released on 2013-09-02 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conventional interpretation of equality under the law singles out certain groups or classes for constitutional protection: women, racial minorities, and gays and lesbians. The United States Supreme Court calls these groups 'suspect classes'. Laws that discriminate against them are generally unconstitutional. While this is a familiar account of equal protection jurisprudence, this book argues that this approach suffers from hitherto unnoticed normative and political problems. The book elucidates a competing, extant interpretation of equal protection jurisprudence that avoids these problems. The interpretation is not concerned with suspect classes but rather with the kinds of reasons that are already inadmissible as a matter of constitutional law. This alternative approach treats the equal protection clause like any other limit on governmental power, thus allowing the Court to invalidate equality-infringing laws and policies by focusing on their justification rather than the identity group they discriminate against.
Download or read book Rejecting Rights written by Sonu Bedi and published by Cambridge University Press. This book was released on 2009-02-26 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Radically rethinks the relationship between liberty and democracy, and identifies the concept of rights as a threat to democratic debate.
Download or read book Virtually Normal written by Andrew Sullivan and published by Vintage. This book was released on 2011-05-04 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: An unprecedented work from the brilliant young editor of The New Republic--who is celebrated also as an incisive defender of the equality of homosexuals--Virtually Normal is an impassioned, reasoned, subtle, and uncompromising political and moral treatise that will set the terms of the homosexuality debate for the foreseeable future.
Download or read book Courts Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Download or read book An Argument for Same Sex Marriage written by Emily R. Gill and published by Georgetown University Press. This book was released on 2012-08-21 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between religious belief and sexuality as personal attributes exhibits some provocative comparisons. Despite the nonestablishment of religion in the United States and the constitutional guarantee of free exercise, Christianity functions as the religious and moral standard in America. Ethical views that do not fit within this consensus often go unrecognized as moral values. Similarly, in the realm of sexual orientation, heterosexuality is seen as the yardstick by which sexual practices are measured. The notion that "alternative" sexual practices like homosexuality could possess ethical significance is often overlooked or ignored. In her new book, An Argument for Same-Sex Marriage, political scientist Emily R. Gill draws an extended comparison between religious belief and sexuality, both central components of one’s personal identity. Using the religion clause of the First Amendment as a foundation, Gill contends that, just as US law and policy ensure that citizens may express religious beliefs as they see fit, it should also ensure that citizens may marry as they see fit. Civil marriage, according to Gill, is a public institution, and the exclusion of some couples from a state institution is a public expression of civic inequality. An Argument for Same-Sex Marriage is a passionate and timely treatment of the various arguments for and against same-sex marriage and how those arguments reflect our collective sense of morality and civic equality. It will appeal to readers who have an interest in gay and lesbian studies, political theory, constitutional law, and the role of religion in the contemporary United States.
Download or read book Core Concepts and Contemporary Issues in Privacy written by Ann E. Cudd and published by Springer. This book was released on 2018-04-03 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive investigation of privacy in the modern world. It collects 16 papers that look at this essential topic from many facets, from the personal to the technological, from the philosophical to the legal. The contributors examine such issues as the value of privacy protection, the violation of spreading personal falsehoods, the digital rights of children, an individual's right to be forgotten from internet search engines, and more. The organization of the volume helps provide a nuanced understanding of this often controversial topic. Coverage starts with key concepts before moving on to explore personal information privacy and the impact of new technologies. Next, the papers consider privacy in different contexts. These include work, sex, family, crime, and religion. This structure enables greater engagement with the difficult questions about privacy. Readers will gain deep insight into the core concepts of privacy as well as its application to everyday life. This interdisciplinary volume brings together an international team of scholars. They provide a broad combination of expertise in law, philosophy, and political science. Overall, this thought-provoking examination will appeal to interested readers in both academia and practice.
Download or read book In Defense of Plural Marriage written by Ronald C. Den Otter and published by Cambridge University Press. This book was released on 2015-05-28 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines the constitutional argument in favor of plural marriage in the United States.
Download or read book Free Exercise of Religion in the Liberal Polity written by Emily R. Gill and published by Springer Nature. This book was released on 2019-08-21 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the challenge of providing for the free exercise of religion without allowing religious exercise by some individuals and groups to impinge upon the conscientious convictions of others. State neutrality toward religion is impossible, because neutrality means inattention to religion for some, but leveling the playing field through accommodations or exemptions for others. Both formal and substantive neutrality have a place in addressing particular conflicts. One such example is public funding for religiously affiliated social service programs, for which neither type of neutrality is satisfactory and thus some restrictions are justifiable; conversely, private voluntary organizations that do not receive direct public funding should be allowed wide latitude regarding their practices. This title also examines the expansive free exercise claims that are now made by those who argue that following the law impinges upon their beliefs, as exemplified by the ministerial exception and the Hobby Lobby and Masterpiece Cakeshop Supreme Court cases. It concludes by analyzing the relationship between neutrality and marriage as a civil status, which impacts a variety of commitment types and plural marriage.
Download or read book Sexual Orientation and Gender Identity Discrimination written by Holning Lau and published by BRILL. This book was released on 2018-09-24 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Sexual Orientation and Gender Identity Discrimination Holning Lau offers an incisive review of the conceptual questions that arise as legal systems around the world grapple with whether and how to protect people against sexual orientation and gender identity discrimination.
