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 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 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 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 Moral Argument Religion and Same Sex Marriage written by Gordon A. Babst and published by Lexington Books. This book was released on 2009-09-03 with total page 266 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 Prop 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. Several chapters also contest the perceived if not actual establishment in the law and public policy of heterosexist and religious bias that continues to work against full and meaningful inclusion of sexual minorities. This bias is ironically and improperly couched in the language of American political and religious values, and it misunderstands the nation's core principles, or willfully miscasts them as inapplicable to many Americans and their families. Nonetheless, this bias is pervasive in the nation's political discourse, working to deny an important right and the recognition of equality to many citizens. The main contribution ofMoral 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.
Download or read book Constitutional Courts Gay Rights and Sexual Orientation Equality written by Angioletta Sperti and published by Bloomsbury Publishing. This book was released on 2017-05-04 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination. It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays' and lesbians' rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international levels and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate.
Download or read book From Disgust to Humanity written by Martha Craven Nussbaum and published by Oxford University Press, USA. This book was released on 2010 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nussbaum argues that disgust has long been among the fundamental motivations of those who are fighting for legal discrimination against lesbian and gay citizens. In its place she offers a "politics of humanity," based not merely on respect, but something akin to love, 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."
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 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 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.
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 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: With over half of Americans now in favor of marriage equality, it is clear that societal norms of marriage are being quickly redefined. The growing belief that the state may not discriminate against gays and lesbians calls into question whether the state may limit other types of marital unions, including plural marriage. While much has been written about same-sex marriage, as of yet there has been no book-length legal treatment of unions among three or more individuals. The first major study on plural marriage and the law, In Defense of Plural Marriage begins to fill this lacuna in the scholarly literature. Ronald C. Den Otter shows how the constitutional arguments that support the option of plural marriage are stronger than those against. Ultimately, he proposes a new semi-contractual marital model that would provide legal recognition for a wide range of intimate relationships.
Download or read book Same Sex Marriage and American Constitutionalism written by Murray Dry and published by Paul Dry Books. This book was released on 2017-12-12 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The two-decades-long controversy over same-sex marriage in the United States was finally resolved on June 26, 2015, when the U.S. Supreme Court handed down its decision in Obergefell v. Hodges, which held that the Fourteenth Amendment’s Due Process and Equal Protection Clauses required states to allow same-sex couples to marry on the same terms as opposite-sex couples. Under our American system of government, divisive and often abiding disputes may be resolved either through legislation or judicial decisions. In Same-Sex Marriage and American Constitutionalism, Murray Dry explains why the process by which Americans arrive at these resolutions can be as important as the substance of the resolutions themselves. By taking up the question of same-sex marriage, Dry excavates the bases of why and how Americans decide as we do (and as we have done when major questions arose in the past; think: school integration, abortion, gun control, and campaign finance). As Professor Dry retraces the path that same-sex marriage took as it wended its way through the political (that is, the legislative) process and through the court system, he finds a vivid framework for the question, “Who should decide?” It’s a question often overlooked, but one that Dry believes should not be. He argues convincingly that it does matter whether the Supreme Court or the legislature makes the final decision—so that court-mandated law does not threaten democratic representative government, and so that legislation does not trample on fundamental constitutional rights.
Download or read book Same Sex Marriage and Religious Liberty written by Douglas Laycock and published by Rowman & Littlefield. This book was released on 2023-06-14 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Same-Sex Marriage and Religious Liberty explores the religious freedom implications of defining marriage to include same-sex couples. It represents the only comprehensive, scholarly appraisal to date of the church-state conflicts virtually certain to arise in many spheres of law as a result of the legal recognition of same-sex marriage.
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 265 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.
