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This book describes the substantive state of the law with regard to lesbian and gay rights. It begins with some background information to put the modern fight for lesbian and gay rights in its proper historical context, then categorizes lesbian and gay rights claims into three areas-individual rights in private contexts, individual rights in public contexts, and couple or family rights thought of as private but pushing into the public sphere-that add up to a single principle: the right to be human in a modern society.Arguing against the popular misconception that the Lesbian and Gay Rights Movement began with Stonewall in 1969, Patricia Cain shows that the first gay rights organization in the United States was formed in 1924 in Chicago. From the Mattachine Society in Los Angeles and the Daughters of Bilitis in San Francisco, to the formation of the Society for Individual Rights (SIR) in 1964, the book examines the ways that these early organizations, although different from today's gay rights groups, served as important contributions to the modern fight for lesbian and gay legal rights. The author looks at how the most important cases of the 1950s and 1960s--the political battles over keeping gay and lesbian bars open and the fight by government employees to keep their jobs during the governmental purge of suspected homosexuals along with suspected communists during the McCarthy era--have helped to shape the state of the law today. By exploring the background, key cases, and important issues yet to be resolved, Rainbow Rights translates the legal claims and arguments into accessible language and concepts which will be of interest not only to lawyers and law students, but also to persons not trained in the law.
E-Book Content
Rainbow Rights
New Perspectives on Law, Culture, and Society
Rainbow Rights: The Role of Lawyers and Courts in the Lesbiarr and Gay Civil Rights Movement, Patricia A, Cain The Cor.tgressior.tal Experieazce, Secor.td Edition, DaviQ E. Price Citzzens, Strcarrgers, and h-Betweem: Essays on Immig-mtion and Citizenshq, Peter H*Schrlck Limits ;soi(Law:Essays on De~.-~irocra.~ic Governance, Peter H. Schuck Stewards of Democmcy: Law as Pgblic Professic~n, Paul Carrington A Philosophy of Intenzutiorral Law, Fernando iTeso11
7-fiinking Like a Lawyer, Kenneth J. Vandevelde lnitellect and Craft: The Contributior.ts oflustice Han Linde to American Constitutionalism, edited by Rabert F. Magel
Property nlsd Persc~lasiorr: Normiktivit3, artd Chazge in Jurisprude~zceof Properq, Carol M . Rose Words That Wozkn& Cvilicdt Race Theory, Assi?zaftive Sl;leech, and the First Atnendmen~, Mari J. Matsuda, Charles R, Lawrence 111, Richard Deigado, and Kin~berlittWifliams Crenshaw Feminist Legal Theory: Readings in Law and Gender, edited by Katherine 'K Bartlett and Rr>sailneKennedy
Rainbo Lawyers and Courts in the Lesbian and Gay Rights Movement
Wes~ew Press A Menthrr of the krseus Rooks Group
New Perspecll'ues on Law, C;ul&re5 and Society serz'es
A11 rigfits reserved. Printed in the Ur-ritecf States of Atnerica. No part of this pubtication may be repradrtccct or transmtttecf in any form or by any means, electronic or mechanical, including pisotocopy, recording, or any information storage and retrievaI systern, without pcrmtssiort in writir~gf r o ~ nthe publishcr. Copyright Q 2000 by Westvicvcr Press, A hlcmbcr of the Persects Books Group Pubiisfiect it1 2000 in the United Stares of Asnerica by Wcstvicw Press, 5500 Central Avenue, Boulder, C:olsrado 88301-2877, and in the United Kingcfom by Westview Press, 12 Hid's Copse Road, Gumnor Hill, Oxford OX2 9jJ Visit us a n the World Wide Web at www.westviewpressscom
Library of (lzongrcss Caraloging-in-Pubitcarion Data Gain, 13atricia A, Ratnbour rights : the role of lawyers and courts it1 the lesbian and gay civ