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Wedlocked

Author: Katherine Franke

Publisher: NYU Press

Published: 2017-10-03

Total Pages: 287

ISBN-13: 1479814008

Compares today’s same-sex marriage movement to the experiences of black people in the mid-nineteenth century. The staggering string of victories by the gay rights movement’s campaign for marriage equality raises questions not only about how gay people have been able to successfully deploy marriage to elevate their social and legal reputation, but also what kind of freedom and equality the ability to marry can mobilize. Wedlocked turns to history to compare today’s same-sex marriage movement to the experiences of newly emancipated black people in the mid-nineteenth century, when they were able to legally marry for the first time. Maintaining that the transition to greater freedom was both wondrous and perilous for newly emancipated people, Katherine Franke relates stories of former slaves’ involvements with marriage and draws lessons that serve as cautionary tales for today’s marriage rights movements. While “be careful what you wish for” is a prominent theme, they also teach us how the rights-bearing subject is inevitably shaped by the very rights they bear, often in ways that reinforce racialized gender norms and stereotypes. Franke further illuminates how the racialization of same-sex marriage has redounded to the benefit of the gay rights movement while contributing to the ongoing subordination of people of color and the diminishing reproductive rights of women. Like same-sex couples today, freed African-American men and women experienced a shift in status from outlaws to in-laws, from living outside the law to finding their private lives organized by law and state licensure. Their experiences teach us the potential and the perils of being subject to legal regulation: rights—and specifically the right to marriage—can both burden and set you free.

The Case for Gay Reparations

Author: Omar G. Encarnación

Publisher: Oxford University Press

Published: 2021-05-03

Total Pages: 202

ISBN-13: 0197535682

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A compelling and timely vision for gay reparations in the United States In the last two decades many nations have adopted "gay reparations," or policies intended to make amends for a history of discrimination, stigmatization, and violence on the basis of sexual orientation and gender identity. Far from being a homogenous or uniform phenomenon, gay reparations encompass a small constellation of approaches including a formal apology to the LGBT community for past wrongdoing, financial compensation for victims of anti-LGBT laws and actions, and the erection of monuments to the memory of those who suffered because of structural homophobia. The United States, however, has been reluctant to embrace gay reparations, making the country something of an outlier among Western democracies. Beyond making the case for gay reparations in the United States, this book explores a wide range of questions provoked by the rise of the gay reparations movement. Among these questions, three stand out for what they reveal about the puzzling and complex nature of this new front in the struggle for LGBT equality. Why, after centuries of attempts to marginalize, dehumanize, and even eradicate LGBT people, are governments coming around to confront this dark and painful historical legacy? How do we make sense of the diversity of gay reparations being implemented by governments around the world? And, finally, what would an American policy of gay reparations look like? Omar G. Encarnación draws upon the rich history of reparations to confront the legacies of genocide, slavery, and political repression and argue that gay reparations are a moral obligation intended to restore dignity to those whose human rights have been violated because of their sexual orientation and gender identity. Reparations are also necessary to close painful chapters of anti-LGBT discrimination and violence and to remind future generations of past struggles for LGBT equality. To this end, he traces America's dark and painful LGBT history--from colonial-era laws criminalizing homosexual conduct, to a postwar ban on homosexuals working in the federal bureaucracy, to the government's support of the junk-science underpinning the practice of "gay conversion" therapy promoted by the Christian Right. The book also examines how other Western democracies notorious for their repression of homosexuals--specifically Spain, Britain, and Germany--have implemented gay reparations. These foreign experiences reveal potential pathways for gay reparations in the United States. More importantly, they show that while there is no universal approach to gay reparations it is never too late for countries to seek to right past wrongs.

The Long Arc of Justice

Author: Richard Mohr

Publisher: Columbia University Press

Published: 2005-02-23

Total Pages: 196

ISBN-13: 0231509448

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Engaging the whole spectrum of public-policy issues affecting gays and lesbians from a humanistic and philosophical approach, Richard Mohr uses the tools of his trade to assess the logic and ethics of gay rights. Focusing on ideas and values, Mohr's nuanced case for legal and social acceptance applies widely held ethical principles to various issues, including same-sex marriage, AIDS, and gays in the military. By drawing on cultural-, legal-, and ethical-based arguments, Mohr moves away from tired political rhetoric and reveals the important ways in which the struggle for gay rights and acceptance relates to mainstream American society, history, and political life.Mohr forcefully counters moralistic and religious arguments regularly invoked to keep gay men and women from achieving the same rights as heterosexuals. He examines the nature of prejudices and other cultural forces that work against lesbian and gay causes and considers the role that sexuality plays in the national rituals by which Americans define themselves. In his support of same-sex marriage, Mohr defines matrimony as the development and maintenance of intimacy through the means by which people meet their basic needs and carry out their everyday living. Mohr contends that this definition, in both its legal and moral sense, applies equally to homosexual and heterosexual couples. Mohr also considers gays and lesbians as community members as he explores the prospect for greater legal and social inclusion. He concludes by suggesting that recent progress in addressing civil rights for gays and lesbians and the nation's symbolic use of gay issues on both sides of the political spectrum calls for a culturally focused gay politics.