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.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.
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.
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.
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.
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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