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OverviewConservative opponents of LGBT equality in the United States often couch their opposition in claims of free speech, free association, and religious liberty. It is no surprise, then, that many LGBT supporters equate First Amendment arguments with resistance to their cause. The First Amendment and LGBT Equality tells another story, about the First Amendment's crucial yet largely forgotten role in the first few decades of the gay rights movement. Between the 1950s and 1980s, when many courts were still openly hostile to sexual minorities, they nonetheless recognized the freedom of gay and lesbian people to express themselves and associate with one another. Successful First Amendment cases protected LGBT publications and organizations, protests and parades, and individuals' right to come out. The amendment was wielded by the other side only after it had laid the groundwork for major LGBT equality victories. Carlos A. Ball illuminates the full trajectory of this legal and cultural history. He argues that, in accommodating those who dissent from LGBT equality on grounds of conscience, it is neither necessary nor appropriate to depart from the established ways in which American antidiscrimination law has, for decades, accommodated equality dissenters. But he also argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents today, they should take care not to erode the very safeguards of liberty that allowed LGBT rights to exist in the first place. Full Product DetailsAuthor: Carlos A. BallPublisher: Harvard University Press Imprint: Harvard University Press Dimensions: Width: 15.60cm , Height: 3.10cm , Length: 23.50cm Weight: 0.670kg ISBN: 9780674972193ISBN 10: 0674972198 Pages: 368 Publication Date: 27 March 2017 Audience: Professional and scholarly , Professional and scholarly , General/trade , Professional & Vocational , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: Out of stock  The supplier is temporarily out of stock of this item. It will be ordered for you on backorder and shipped when it becomes available. Table of ContentsReviewsUsing lucid prose and a keen perception of historical trends, Carlos Ball contends that First Amendment law, which once worked to protect LGBT citizens, now mainly shields dissenting religious traditionalists. Ball also argues powerfully that settlements struck in previous eras of conflict between equality law and religious freedom should guide constitutional actors in our own time.--Nelson Tebbe, Brooklyn Law School and Cornell Law School Carlos Ball is a major figure in lesbian and gay rights. His book <i>The Morality of Gay Rights</i> is still the best treatment of gay rights and political theory in print. This project brings together both of his skill sets, examining the history in light of its theoretical implications. This is important work, and Ball is uniquely qualified to do it. There is no book quite like this on the market. Given the growing hostility toward First Amendment claims by some elements of the LGBT movement, this project is also very timely.--Andrew M. Koppelman, Northwestern Pritzker School of Law Using lucid prose and a keen perception of historical trends, Carlos Ball contends that First Amendment law, which once worked to protect LGBT citizens, now mainly shields dissenting religious traditionalists. Ball also argues powerfully that settlements struck in previous eras of conflict between equality law and religious freedom should guide constitutional actors in our own time.--Nelson Tebbe, Brooklyn Law School and Cornell Law School Carlos Ball is a major figure in lesbian and gay rights. His book The Morality of Gay Rights is still the best treatment of gay rights and political theory in print. This project brings together both of his skill sets, examining the history in light of its theoretical implications. This is important work, and Ball is uniquely qualified to do it. There is no book quite like this on the market. Given the growing hostility toward First Amendment claims by some elements of the LGBT movement, this project is also very timely.--Andrew M. Koppelman, Northwestern Pritzker School of Law Author InformationCarlos A. Ball is Distinguished Professor of Law and Judge Frederick Lacey Scholar at Rutgers Law School. Tab Content 6Author Website:Countries AvailableAll regions |
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