front cover of American Sexual Politics
American Sexual Politics
Sex, Gender, and Race since the Civil War
Edited by John C. Fout and Maura Shaw Tantillo
University of Chicago Press, 1993
Enacted by reformers, radicals, and reactionaries, the drama of American sexual politics since the Civil War is as diverse and unpredictable as the nation's citizenry. In this collection of sixteen essays, the shifting tensions between sexual reform and repression are seen in historical explorations of men's and women's sexuality, of the sexual-social dynamics of lesbians and gay men, of the violent repression of African-American sexuality. The broad range of methodological approaches and perspectives make this multidisciplinary anthology an exciting contribution to the history of sexuality.

Included are Anthony S. Parent, Jr., and Susan Brown Wallace on childhood and sexual identity under slavery; Martha Hodes on white women and Black men in the South; Kevin J. Mumford on male sexual impotence and Victorian Culture; Jesse F. Battan on language, authority, and sexual desire; Joan Smith Iversen on the antipolygamy controversy, 1880-1890; Angus McLaren on sex radicalism in the Canadian Pacific Northwest, 1890-1920; Pamela S. Haag on ideologies of love, modern romance, and women's sexual subjectivity; Ann duCille on the novels of Jessie Fauset and Nella Larsen; Robyn Wiegman on the anatomy of lynching; Sonya Michel on sexuality in postwar films; Carole Joffe on abortion before legalization; Roy Cain on disclosure and secrecy among gay men; Joshua Gamson on condoms; Lillian Faderman on the return of butch and femme; Katherine Cummings on teaching AIDS; and Arthur Flannigan-Saint-Aubin on "black gay male" discourse.

This diverse overview of American sexual politics will interest students and scholars of the history of sexuality, gender studies, women's studies, and gay studies.
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Applications Of Feminist Legal Theory
edited by D. Kelly Weisberg
Temple University Press, 1996
This book, the second of two volumes, examines the pressing issues that affect women—pornography, prostitution, battery, rape, pay equity, sexual harassment, motherhood, abortion, adoption, new reproductive technologies—and considers them through the lens of feminist legal theory. It features more than sixty articles by well-known legal scholars and feminists. The contributions are arranged thematically and include an introduction and comprehensive literature review by the editor. Applications of Feminist Legal Theory to Women's Lives will be a valuable text for students, a resource for scholars and policy makers, and a useful introduction for general readers.
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Decoding Gender
Law and Practice in Contemporary Mexico
Baitenmann, Helga
Rutgers University Press, 2007
Gender discrimination pervades nearly all legal institutions and practices in Latin America. The deeper question is how this shapes broader relations of power. By examining the relationship between law and gender as it manifests itself in the Mexican legal system, the thirteen essays in this volume show how law is produced by, but also perpetuates, unequal power relations. At the same time, however, authors show how law is often malleable and can provide spaces for negotiation and redress. The contributors (including political scientists, sociologists, geographers, anthropologists, and economists) explore these issues-not only in courts, police stations, and prisons, but also in rural organizations, indigenous communities, and families.

By bringing new interdisciplinary perspectives to issues such as the quality of citizenship and the rule of law in present-day Mexico, this book raises important issues for research on the relationship between law and gender more widely.

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Entry Denied
Controlling Sexuality At The Border
Eithne Luibheid
University of Minnesota Press, 2002
A revelatory examination of 150 years of sexuality-based discrimination against immigrants to the United States. Lesbians, prostitutes, women likely to have sex across racial lines, "brought to the United States for immoral purposes," or "arriving in a state of pregnancy"--national threats, one and all. Since the late nineteenth century, immigrant women's sexuality has been viewed as a threat to national security, to be contained through strict border-monitoring practices. By scrutinizing this policy, its origins, and its application, Eithne Luibhéid shows how the U.S. border became a site not just for controlling female sexuality but also for contesting, constructing, and renegotiating sexual identity. Initially targeting Chinese women, immigration control based on sexuality rapidly expanded to encompass every woman who sought entry to the United States. The particular cases Luibhéid examines--efforts to differentiate Chinese prostitutes from wives, the 1920s exclusion of Japanese wives to reduce the Japanese-American birthrate, the deportation of a Mexican woman on charges of lesbianism, the role of rape in mediating women's border crossings today--challenge conventional accounts that attribute exclusion solely to prejudice or lack of information. This innovative work clearly links sexuality-based immigration exclusion to a dominant nationalism premised on sexual, gender, racial, and class hierarchies. Eithne Luibhéid is assistant professor of ethnic studies at Bowling Green State University.
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Forbidden History
The State, Society, and the Regulation of Sexuality in Modern Europe
Edited by John C. Fout
University of Chicago Press, 1992
How have society's values and attitudes toward sexuality and morality changed over the centuries? Why and how has the state sought to criminalize certain forms of sexual behavior and to control reproduction? How have churches tried to influence the state in its regulation of sexuality?

This anthology encompasses a broad range of essays on sexuality spanning European history from the fifteenth century to the present. The topics in this collection of fifteen essays have both historic importance and current relevance. All crucial issues in the regulation of sexuality are addressed, from incest to infanticide, from breast-feeding and women's sexuality to female prostitution, from pornography to reproductive politics, and from the first homosexual rights movement to AIDS.

Contributions from a diverse group of prominent scholars representing a variety of disciplines are included in this anthology. Essays by Randolph Trumbach on "Sex, Gender, and Identity in Modern Culture: Male Sodomy and Female Prostitution in Enlightenment London"; Ruth Perry on "Colonizing the Breast: Sexuality and Maternity in Eighteenth Century England"; Theo van der Meer on "Female Same-Sex Offenders in Late Eighteenth Century Amsterdam"; Robin Ann Sheets on "Pornography, Fairy Tales, and Feminism: Angela Carter's 'The Bloody Chamber'"; and James W. Jones on "Discourses on and of AIDS in West Germany, 1986-1990."

Offering the most up-to-date scholarship from a significant and growing field, this collection is essential for both students and faculty in social history, family history, women's and gender studies, gay studies, sociology and literature.
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A Guide to America's Sex Laws
Richard A. Posner and Katharine B. Silbaugh
University of Chicago Press, 1996
A Guide to America's Sex Laws is the first concise compendium of the nation's sex laws. It summarizes the laws regulating personal sexual activity, revealing gaps, anachronisms, anomalies, inequalities, and irrationalities, and providing an empirical basis for studies of sexual regulation. Judge Richard A. Posner and Katharine B. Silbaugh cover broadly defined areas of regulation, providing background and definitions and placing the laws in their historical and constitutional context. From Alabama to Wyoming, this informative and fascinating reference book will be an essential resource.

"It takes only a few minutes with A Guide to [America's] Sex to realize that the nation's laws governing what two consenting adults can do with one another are an odd jumble."—Eric Fidler, San Diego Commerce

"Especially noteworthy is how laws governing various sexual activities vary from state to state."—Library Journal

"Fascinating and often surprising facts are concisely documented and conveniently organized in A Guide."—Carlin Meyer, New York Law Journal
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front cover of Law, Sex, and Christian Society in Medieval Europe
Law, Sex, and Christian Society in Medieval Europe
James A. Brundage
University of Chicago Press, 1987
This monumental study of medieval law and sexual conduct explores the origin and develpment of the Christian church's sex law and the systems of belief upon which that law rested. Focusing on the Church's own legal system of canon law, James A. Brundage offers a comprehensive history of legal doctrines–covering the millennium from A.D. 500 to 1500–concerning a wide variety of sexual behavior, including marital sex, adultery, homosexuality, concubinage, prostitution, masturbation, and incest. His survey makes strikingly clear how the system of sexual control in a world we have half-forgotten has shaped the world in which we live today. The regulation of marriage and divorce as we know it today, together with the outlawing of bigamy and polygamy and the imposition of criminal sanctions on such activities as sodomy, fellatio, cunnilingus, and bestiality, are all based in large measure upon ideas and beliefs about sexual morality that became law in Christian Europe in the Middle Ages.

"Brundage's book is consistently learned, enormously useful, and frequently entertaining. It is the best we have on the relationships between theological norms, legal principles, and sexual practice."—Peter Iver Kaufman, Church History
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The Politics of Sexuality in Latin America
A Reader on Lesbian, Gay, Bisexual, and Transgender Rights
Javier Corrales
University of Pittsburgh Press, 2010
The city of Buenos Aires has guaranteed all couples, regardless of gender, the right to register civil unions. Mexico City has approved the Cohabitation Law, which grants same-sex couples marital rights identical to those of common-law relationships between men and women. Yet, a gay man was murdered every two days in Latin America in 2005, and Brazil recently led the world in homophobic murders. These facts illustrate the wide disparity in the treatment and rights of lesbian, gay, bisexual, and transgender (LGBT) populations across the region.

The Politics of Sexuality in Latin America presents the first English-language reader on LGBT politics in Latin America. Representing a range of contemporary works by scholars, activists, analysts, and politicians, the chapters address LGBT issues in nations from Cuba to Argentina. In their many findings, two main themes emerge: the struggle for LGBT rights has made significant inroads in the first decade of the twenty-first century (though not in every domain or every region); and the advances made were slow in coming compared to other social movements.

The articles uncover the many obstacles that LGBT activists face in establishing new laws and breaking down societal barriers. They identify perhaps the greatest roadblock in Latin American culture as an omnipresent system of “heteronormativity,” wherein heterosexuality, patriarchalism, gender hierarchies, and economic structures are deeply rooted in nearly every level of society. Along these lines, the texts explore specific impediments including family dependence, lack of public spaces, job opportunities, religious dictums, personal security, the complicated relationship between leftist political parties and LGBT movements in the region, and the ever-present “closets,” which keep LGBT issues out of the public eye.

The volume also looks to the future of LGBT activism in Latin America in areas such as globalization, changing demographics, the role of NGOs, and the rise of economic levels and education across societies, which may aid in a greater awareness of LGBT politics and issues. As the editors posit, to be democratic in the truest sense of the word, nations must recognize and address all segments of their populations.
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The Remarkable Rise of Transgender Rights
Jami K. Taylor, Daniel C. Lewis, and Donald P. Haider-Markel
University of Michigan Press, 2018

While medical identification and treatment of gender dysphoria have existed for decades, the development of transgender as a “collective political identity” is a recent construct. Over the past twenty-five years, the transgender movement has gained statutory nondiscrimination protections at the state and local levels, hate crimes protections in a number of states, inclusion in a federal law against hate crimes, legal victories in the courts, and increasingly favorable policies in bureaucracies at all levels. It has achieved these victories despite the relatively small number of trans people and despite the widespread discrimination, poverty, and violence experienced by many in the transgender community. This is a remarkable achievement in a political system where public policy often favors those with important resources that the transgender community lacks: access, money, and voters. The Remarkable Rise of Transgender Rights explains the growth of the transgender rights movement despite its marginalized status within the current political opportunity structure.

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The Right To Privacy
Gays, Lesbians, and the Constitution
Vincent J. Samar
Temple University Press, 1992

Where did the right to privacy come from and what does it mean? Grappling with the critical issues involving women and gays that relate to the recent Supreme Court appointment, Vincent J. Samar develops a definition of legal privacy, discusses the reasons why and the degree to which privacy should be protected, and shows the relationship between privacy and personal autonomy. He answers former Supreme Court nominee Robert Bork’s questions about scope, content, and legal justification for a general right to privacy and emphasizes issues involving gays and lesbians, Samar maintains that these privacy issues share a common constitutional-ethical underpinning with issues such as abortion, surrogate motherhood, drug testing, and the right to die.

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Sex and Reason
Richard A. Posner
Harvard University Press, 1992

Sexual drives are rooted in biology, but we don’t act on them blindly. Indeed, as the eminently readable judge and legal scholar Richard Posner shows, we make quite rational choices about sex, based on the costs and benefits perceived.

Drawing on the fields of biology, law, history, religion, and economics, this sweeping study examines societies from ancient Greece to today’s Sweden and issues from masturbation, incest taboos, date rape, and gay marriage to Baby M. The first comprehensive approach to sexuality and its social controls, Posner’s rational choice theory surprises, explains, predicts, and totally absorbs.

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Sexual Orientation and the Law
Harvard Law Review
Harvard University Press, 1990

Attitudes toward homosexuality range from condemnation to pity to indifference to respect. This range of viewpoints also appears in the legal community, reflected in legislation, legal decisionmaking, and legal scholarship. Sexual Orientation and the Law examines the legal problems faced by gay men and lesbians: the interaction between gays and the criminal justice system; discrimination in public and private employment; first amendment issues posed by gay students and teachers in public schools and universities; legal problems faced in same-sex relationships; child custody and visitation rights, as well as the ability to become foster and adoptive parents; and other contexts, including immigration, insurance, incorporation of gay rights organizations, and local legislation to prevent sexual orientation discrimination.

The Introduction establishes a theoretical framework for approaching gay and lesbian legal issues, and an Afterword updates the comprehensive coverage of all legal developments through the summer of 1989. This review and analysis of the current state of the law is an important part of the discussion and debate that will make antigay discrimination recognized as a legitimate issue and gay concerns part of the mainstream of legal discourse.

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Sexual Science and the Law
Richard Green
Harvard University Press, 1992

A rape victim charges that pornography caused her attacker to become a sex offender. A lesbian mother fights for custody of her child. A transsexual pilot is fired by a commercial airline after undergoing sex change and sues for sex discrimination. A homosexual is denied employment because of sexual orientation. A woman argues that her criminal behavior should be excused because she suffers from premenstrual syndrome. The law has much to say about sexual behavior, but what it says is rarely influenced by the findings of social science research over recent decades. This book focuses for the first time on the dynamic interplay between sexual science and legal decisionmaking.

Reflecting the author's wide experience as a respected sex researcher, expert witness, and lawyer, Sexual Science and the Law provides valuable insights into some of the most controversial social and sexual topics of our time. Drawing on an exhaustive knowledge of the relevant research and citing extensively from case law and court transcripts, Richard Green demonstrates how the work of sexual science could bring about a transformation in jurisprudence, informing the courts in their deliberations on issues such as sexual privacy, homosexuality, prostitution, abortion, pornography, and sexual abuse.

In each case he considers, Green shows how the law has been shaped by social science or impoverished by reliance on conjecture and received wisdom. He examines the role of sexual science in legal controversy, its analysis of human motivation and behavior, and its use by the courts in determining the relative weight to be given the desires of the individual, the standards of society, and the power of the state in limiting sexual autonomy. Unprecedented in its portrayal of sexuality in a legal context, this scholarly but readable book will interest and educate professional and layperson alike—those lawyers, judges, sex educators, therapists, patients, and citizens who find themselves standing nonplussed at the meeting place of morality and behavior.

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Sorting Sexualities
Expertise and the Politics of Legal Classification
Stefan Vogler
University of Chicago Press, 2021
In Sorting Sexualities, Stefan Vogler deftly unpacks the politics of the techno-legal classification of sexuality in the United States. His study focuses specifically on state classification practices around LGBTQ people seeking asylum in the United States and sexual offenders being evaluated for carceral placement—two situations where state actors must determine individuals’ sexualities. Though these legal settings are diametrically opposed—one a punitive assessment, the other a protective one—they present the same question: how do we know someone’s sexuality?

In this rich ethnographic study, Vogler reveals how different legal arenas take dramatically different approaches to classifying sexuality and use those classifications to legitimate different forms of social control. By delving into the histories behind these diverging classification practices and analyzing their contemporary reverberations, Vogler shows how the science of sexuality is far more central to state power than we realize. 
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Transgender Rights and Politics
Groups, Issue Framing, and Policy Adoption
Jami K. Taylor and Donald P. Haider-Markel, Editors
University of Michigan Press, 2015
To date, media and scholarly attention to gay politics and policy has focused on the morality debates over sexual orientation and the legal aspects of rights for non-heterosexuals. However, transgender concerns as such have received little attention. As transgender activism has become more visible, policymakers, both in the United States and around the world, have begun to respond to demands for more equitable treatment.

Jami K. Taylor and Donald P. Haider-Markel bring together new research employing the concepts and tools of political science to explore the politics of transgender rights. Volume contributors address the framing of transgender rights in the U.S. and in Latin America. They discuss transgender interest groups, the inclusion of transgender activists in advocacy coalitions, policy diffusion at the state and local levels, and, importantly, the implementation of transgender public policy. This volume sets the standard for empirical research on transgender politics and demonstrates that the study of this topic can contribute to the understanding of larger questions in the field of political science.
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front cover of Unwanted Sex
Unwanted Sex
The Culture of Intimidation and the Failure of Law
Stephen J. Schulhofer
Harvard University Press, 1981

Despite three decades of intense scrutiny and repeated attempts at ambitious reform, our laws against rape and sexual harassment still fail to protect women from sexual overreaching and abuse. What went wrong? In this original, provocative, and enlightening work, Stephen Schulhofer, a distinguished scholar in criminal law, shows the need to refocus our laws against rape and to create a new system of legal safeguards against interference with sexual autonomy.

Our laws provide comprehensive protection for property rights, labor, and other important interests, but sexual autonomy—the right to choose freely whether and when to be sexually intimate with another person—is devalued and ignored. With vivid examples, including stranger assaults, date rapes, and sexual encounters between job supervisors and subordinates, teachers and students, doctors and patients, lawyers and clients, Schulhofer shows that recent reforms of rape and sexual harassment law are overrated and inadequate. From the excessive degree of force necessary for an aggressive action to be defined as rape, to the gray areas in which coercion and exploitation can be used to elicit a false but legally valid “consent,” Schulhofer offers a clear analysis of the limits of current standards. His proposals for a radically different approach hold the promise of genuine respect and effective protection for the sexual autonomy of both women and men. It is an ambitious yet sensible vision, committed to allowing willing partners to seek consensual relationships, while fully protecting each person’s right to refuse sexual encounters that are not genuinely desired.

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The Use of Social Science Data in Supreme Court Decisions
Rosemary J. Erickson and Rita J. Simon
University of Illinois Press, 1998
The legal community traditionally has drawn unsystematically and at will on the findings of social science, sometimes with unfortunate results. The authors of this study explore this issue by focusing on the way the United States Supreme Court uses social science data in reaching its decisions. Concentrating on decisions involving abortion, sex discrimination, and sexual harassment, they show that the use of such data has increased over the last twenty years, but that the data's use by the court appears to hinge more on the judges' liberal, conservative, or long-held positions and the types of cases involved than on the objectivity or validity of the data.
     
By offering insights into how data are used by the Supreme Court, the authors hope to show social scientists how to make their research more suitable for courtroom use and to show the legal community how such data can be used more effectively. The volume includes an overview of the kinds of research used, a list of cases in which such research was used, and a discussion of justices and how they voted on cases in which such data were used from 1972 to 1992.
 
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The War on Human Trafficking
U.S. Policy Assessed
Anthony M. DeStefano
Rutgers University Press, 2008
The United States has taken the lead in efforts to end international human trafficking-the movement of peoples from one country to another, usually involving fraud, for the purpose of exploiting their labor. Examples that have captured the headlines include the 300 Chinese immigrants that were smuggled to the United States on the ship Golden Venture and the young Mexican women smuggled by the Cadena family to Florida where they were forced into prostitution and confined in trailers.
   
The public's understanding of human trafficking is comprised of terrible stories like these, which the media covers in dramatic, but usually short-lived bursts. The more complicated, long-term story of how policy on trafficking has evolved has been largely ignored. In The War on Human Trafficking, Anthony M. DeStefano covers a decade of reporting on the policy battles that have surrounded efforts to abolish such practices, helping readers to understand the forced labor of immigrants as a major global human rights story.
  
DeStefano details the events leading up to the creation of the Trafficking Victims Protection Act of 2000, the federal law that first addressed the phenomenon of trafficking in persons. He assesses the effectiveness of the 2000 law and its progeny, showing the difficulties encountered by federal prosecutors in building criminal cases against traffickers. The book also describes the tensions created as the Bush Administration tried to use the trafficking laws to attack prostitution and shows how the American response to these criminal activities was impacted by the events of September 11th and the War in Iraq.

Parsing politics from practice, this important book gets beyond sensational stories of sexual servitude to show that human trafficking has a much broader scope and is inextricable from the powerful economic conditions that impel immigrants to put themselves at risk.
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Women, Gays, and the Constitution
The Grounds for Feminism and Gay Rights in Culture and Law
David A. J. Richards
University of Chicago Press, 1998
In this remarkable study, David A. J. Richards combines an interpretive history of culture and law, political philosophy, and constitutional analysis to explain the background, development, and growing impact of two of the most important and challenging human rights movements of our time, feminism and gay rights.

Richards argues that both movements are extensions of rights-based dissent, rooted in antebellum abolitionist feminism that condemned both American racism and sexism. He sees the progressive role of such radical dissent as an emancipated moral voice in the American constitutional tradition. He examines the role of dissident African Americans, Jews, women, and homosexuals in forging alternative visions of rights-based democracy. He also draws special attention to Walt Whitman's visionary poetry, showing how it made space for the silenced and subjugated voices of homosexuals in public and private culture.

According to Richards, contemporary feminism rediscovers and elaborates this earlier tradition. And, similarly, the movement for gay rights builds upon an interpretation of abolitionist feminism developed by Whitman in his defense, both in poetry and prose, of love between men. Richards explores Whitman's impact on pro-gay advocates, including John Addington Symonds, Havelock Ellis, Edward Carpenter, Oscar Wilde, and André Gide. He also discusses other diverse writers and reformers such as Margaret Sanger, Franz Boas, Elizabeth Stanton, W. E. B. DuBois, and Adrienne Rich.

Richards addresses current controversies such as the exclusion of homosexuals from the military and from the right to marriage and concludes with a powerful defense of the struggle for such constitutional rights in terms of the principles of rights-based feminism.
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