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The First Amendment and LGBT Equality

Author: Carlos A. Ball

Publisher: Harvard University Press

Published: 2017-03-27

Total Pages: 363

ISBN-13: 0674977963

Conservative opponents of LGBT equality in the United States often couch their opposition in claims of free speech, free association, and religious liberty. It is no surprise, then, that many LGBT supporters equate First Amendment arguments with resistance to their cause. The First Amendment and LGBT Equality tells another story, about the First Amendment’s crucial yet largely forgotten role in the first few decades of the gay rights movement. Between the 1950s and 1980s, when many courts were still openly hostile to sexual minorities, they nonetheless recognized the freedom of gay and lesbian people to express themselves and associate with one another. Successful First Amendment cases protected LGBT publications and organizations, protests and parades, and individuals’ right to come out. The amendment was wielded by the other side only after it had laid the groundwork for major LGBT equality victories. Carlos A. Ball illuminates the full trajectory of this legal and cultural history. He argues that, in accommodating those who dissent from LGBT equality on grounds of conscience, it is neither necessary nor appropriate to depart from the established ways in which American antidiscrimination law has, for decades, accommodated equality dissenters. But he also argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents today, they should take care not to erode the very safeguards of liberty that allowed LGBT rights to exist in the first place.

International Covenants and LGBT Rights

Author: JASON LAWRENCE

Publisher: JASON LAWRENCE

Published: 2024-06-27

Total Pages: 178

ISBN-13:

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This book is a comprehensive exploration of the legal landscape surrounding LGBT rights in the United States. From early advocacy movements to landmark Supreme Court decisions, this book traces the historical journey towards equality and justice for LGBT individuals. Beginning with the origins of early advocacy and the transformative impact of the Stonewall Riots, the book examines pivotal constitutional principles such as the Equal Protection Clause, Due Process Clause, and the First Amendment's implications for freedom of expression within the context of LGBT rights. International perspectives are also explored through the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, offering a comparative framework for understanding global struggles and successes in LGBT rights. Key chapters delve into critical legal battles, including the history of marriage equality, employment discrimination, transgender rights, and religious liberty. Each section analyzes constitutional arguments, pivotal Supreme Court cases such as Romer v. Evans, Lawrence v. Texas, United States v. Windsor, and Obergefell v. Hodges, and the broader implications of these decisions on shaping legal precedent and societal attitudes. The book also examines the role of federal legislation, executive actions, and state and local laws in advancing or hindering LGBT rights. Emerging issues and contemporary strategies for furthering LGBT equality are discussed, highlighting ongoing challenges and opportunities for advocacy and legal reform.

"All We Want is Equality"

Author: Ryan Richard Thoreson

Publisher:

Published: 2018

Total Pages: 40

ISBN-13: 9781623135751

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"In the wake of the Supreme Court's 2015 marriage equality ruling, lawmakers across the United States introduced dozens of bills that would permit moral or religious objectors to decline to serve LGBT people. In an least eight states, exemption bills have been enacted into law, creating a license to discriminate based on sexual orientation and gender identity. [This report], based on interviews with 30 people affected by discrimination and 82 advocates and service providers, documents how such laws license discrimination, discourage people from accessing services, and harm the dignity of LGBT people. It urges lawmakers at the state and federal level to strengthen nondiscrimination protections for LGBT people and repeal sweeping exemptions that put the rights and well-being of marginalized groups at risk."--Back cover.

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Dynamic Free Speech Clause

Author: Timothy Zick

Publisher: Oxford University Press

Published: 2018-08-15

Total Pages: 248

ISBN-13: 0190841435

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The right to free speech intersects with many other constitutional rights. Those intersections have significantly influenced the recognition, scope, and meaning of rights, ranging from freedom of the press to the Second Amendment right to bear arms. They have also influenced interpretation of the Free Speech Clause itself. This book examines the relations between the U.S. Constitution's Free Speech Clause and other constitutional rights. Free speech principles and doctrines have brought about constitutional rights including equal protection, the right to abortion, and the free exercise of religion. They have also provided mediating principles for constructive debates about constitutional rights. At the same time, in its interactions with other constitutional rights, the Free Speech Clause has also been a complicating force. It has often dominated rights discourse and has subordinated or supplanted free press, assembly, petition, and free exercise rights. Currently, courts and commentators are fashioning the Second Amendment right to keep and bear arms in the image of the Free Speech Clause. Borrowing the Free Speech Clause for this purpose may turn out to be detrimental for both rights. While examining the dynamics that have brought free speech and other rights together, the book assesses the products and consequences of these intersections, and draws important lessons from them about constitutional rights and constitutional liberty. Ultimately, the book defends a pluralistic conception of constitutional rights that seeks to leverage the power of the Free Speech Clause but also tame its propensity to subordinate, supplant, and eclipse other constitutional rights.

The First Amendment and LGBT Equality

Author: Carlos A. Ball

Publisher: Harvard University Press

Published: 2017-03-27

Total Pages: 363

ISBN-13: 0674972198

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Carlos A. Ball argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents, they should take care not to forget the crucial role the First Amendment played in the early decades of the movement, and not to erode the safeguards of liberty that allowed LGBT rights to exist in the first place.

Gay Rights

Author: David L. Hudson

Publisher: Infobase Publishing

Published: 2009

Total Pages: 115

ISBN-13: 1438106025

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Explores the debate over what rights gay individuals should have, including marriage, protection from institutionalized discrimination, and military policy. Thought provoking questions on personal situations and public policy are set within text to encourage reader engagement.

God vs. Gay?

Author: Jay Michaelson

Publisher: Beacon Press

Published: 2012-05-08

Total Pages: 241

ISBN-13: 0807001473

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A passionate argument for LGBTQ equality within religious communities—“a book for our times and a book for the ages” (EDGE) The myth that the Bible forbids homosexuality—the myth of “God versus Gay”—is behind some of the most divisive and painful conflicts of our day. In this provocative and game-changing book, scholar and activist Jay Michaelson shows that the Bible does not prohibit same-sex intimacy but does quite the opposite. In fact, the vast majority of the Bible’s teachings support the full equality and dignity of LGBTQ people, from the first flaw it finds in creation (“It is not good for a person to be alone”) to the way religious communities grow through reflection and conscience. Michaelson argues passionately for equality—not despite religion, but because of it. With close readings of the Hebrew Bible and New Testament, the latest data on the science of sexual orientation, and a sympathetic, accessible, and ecumenical approach to religious faith, Michaelson makes the case that sexual diversity is part of the beauty of nature. The recognition of same-sex families will strengthen, not threaten, the values religious people hold dear. Whatever your views on religion and sexual diversity, God vs. Gay is a plea for a more compassionate, informed conversation—and a first step toward creating one.