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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.
The complex and changing state of policy protections for transgender communities practically requires trans people to become legal experts just to navigate their everyday lives. It also simultaneously offers a window of opportunity for legal advocates to shape new laws and policies based on the lived experiences of trans people. Using personal interviews, legal case histories, and transgender theory, Transgender Employment Experiences combines policy analysis with the lived experiences of twenty transgender-identified employees, showing how worker protections that should exist under the Civil Rights Act are instead systematically undermined in the case of many transgender employees. Rather t...
The definitive history of the marriage equality debate in the United States, praised by Library Journal as "beautifully and accessibly written. . . . .An essential work.” As a legal scholar who first argued in the early 1990s for a right to gay marriage, William N. Eskridge Jr. has been on the front lines of the debate over same†‘sex marriage for decades. In this book, Eskridge and his coauthor, Christopher R. Riano, offer a panoramic and definitive history of America’s marriage equality debate. The authors explore the deeply religious, rabidly political, frequently administrative, and pervasively constitutional features of the debate and consider all angles of its dramatic history. While giving a full account of the legal and political issues, the authors never lose sight of the personal stories of the people involved, or of the central place the right to marry holds in a person’s ability to enjoy the dignity of full citizenship. This is not a triumphalist or one†‘sided book but a thoughtful history of how the nation wrestled with an important question of moral and legal equality.
Social movements provide the engine of legal change and law itself spurs social movement activity. This issue includes articles on social movements in several different nations, including France, South Africa and Canada, asking us to consider the way context is reflected in movement activities.
A critical reader of the history of marriage understands that it is an institution that has always been in flux. It is also a decidedly complicated one, existing simultaneously in the realms of religion, law, and emotion. And yet recent years have seen dramatic and heavily waged battles over the proposition of including same sex couples in marriage. Just what is at stake in these battles? License to Wed examines the meanings of marriage for couples in the two first states to extend that right to same sex couples: California and Massachusetts. The two states provide a compelling contrast: while in California the rights that go with marriage—inheritance, custody, and so forth—were already ...
The Qualities of a Citizen traces the application of U.S. immigration and naturalization law to women from the 1870s to the late 1960s. Like no other book before, it explores how racialized, gendered, and historical anxieties shaped our current understandings of the histories of immigrant women. The book takes us from the first federal immigration restrictions against Asian prostitutes in the 1870s to the immigration "reform" measures of the late 1960s. Throughout this period, topics such as morality, family, marriage, poverty, and nationality structured historical debates over women's immigration and citizenship. At the border, women immigrants, immigration officials, social service provide...
LGBT, faith, and academic thought-leaders explore prospects for laws protecting each community's core interests and possible resolutions for culture-war conflicts.
Some of the most divisive contests shaping the quest for marriage equality occurred not on the culture-war front lines but within the ranks of LGBTQ advocates. Nathaniel Frank tells the dramatic story of how an idea that once seemed unfathomable—and for many gays and lesbians undesirable—became a legal and moral right in just half a century.
Uses a question-and-answer format and nontechnical language to survey rights in regard to freedom of speech and association, housing, employment, the military, family and parenting, and HIV disease.
2021 Lambda Literary Awards Finalist Nepantla Squared maps the lives of two transgender mestiz@s, one during the turn of the twentieth century and one during the turn of the twenty-first century, to chart the ways race, gender, sex, ethnicity, and capital function differently in different times. To address the erasure of transgender mestiz@ realities from history, Linda Heidenreich employs an intersectional analysis that critiques monopoly and global capitalism. Heidenreich builds on the work of Gloria Anzaldúa's concept of nepantleras, those who could live between and embody more than one culture, to coin the term nepantla2, marking times of capitalist transition where gender was also in motion. Transgender mestiz@s, too, embodied that movement. Heidenreich insists on a careful examination of the multiple in-between spaces that construct lives between cultures and genders during in-between times of shifting empire and capital. In so doing, they offer an important discussion of race, class, nation, and citizenship centered on transgender bodies of color that challenges readers to rethink the way they understand the gendered social and economic challenges of today.