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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

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.

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.

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.

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.

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

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.

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.

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.
 

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.

"Transgender Rights packs a surprising amount of information into a small space. Offering spare, tightly executed essays, this slim volume nonetheless succeeds in creating a spectacular, well-researched compendium of the transgender movement." -Law Library Journal

Over the past three decades, the transgender movement has gained visibility and achieved significant victories. Discrimination has been prohibited in several states, dozens of municipalities, and more than two hundred private companies, while hate crime laws in eight states have been amended to include gender identity. Yet prejudice and violence against transgender people remain all too common.

With analysis from legal and policy experts, activists and advocates, Transgender Rights assesses the movement’s achievements, challenges, and opportunities for future action. Examining crucial topics like family law, employment policies, public health, economics, and grassroots organizing, this groundbreaking book is an indispensable resource in the fight for the freedom and equality of those who cross gender boundaries. Moving beyond media representations to grapple with the real lives and issues of transgender people, Transgender Rights will launch a new moment for human rights activism in America.

Contributors: Kylar W. Broadus, Judith Butler, Mauro Cabral, Dallas Denny, Taylor Flynn, Phyllis Randolph Frye, Julie A. Greenberg, Morgan Holmes, Bennett H. Klein, Jennifer L. Levi, Ruthann Robson, Nohemy Solórzano-Thompson, Dean Spade, Kendall Thomas, Paula Viturro, Willy Wilkinson.

Paisley Currah is associate professor of political science at Brooklyn College, executive director of the Center for Lesbian and Gay Studies at the CUNY Graduate Center, and a founding board member of the Transgender Law and Policy Institute.

Richard M. Juang cochairs the advisory board of the National Center for Transgender Equality (NCTE) in Washington, DC. He has taught at Oberlin College and Susquehanna University. He is the lead editor of NCTE's Responding to Hate Crimes: A Community Resource Manual and coeditor of Transgender Justice, which explores models of activism.

Shannon Price Minter is legal director of the National Center for Lesbian Rights and a founding board member of the Transgender Law and Policy Institute.

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. With transgender activism becoming more visible, policymakers 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.

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.