Judging Homosexuals

In 2004, the first same-sex couple legally married in Quebec. How did homosexuality – an act that had for centuries been defined as abominable and criminal – come to be sanctioned by law? Judging Homosexuals finds answers in a comparative analysis of gay persecution in France and Quebec, places that share a common culture but have diverging legal traditions. In both settings, Patrice Corriveau explores how various groups – family and clergy, doctors and jurists – tried to manage people who were defined in turn as sinners, as criminals, as inverts, and as citizens to be protected by law. By bringing to light the various discourses that have over time supported the control and persecution of individual homoerotic behaviour in France and Quebec, this book makes the case that when it came to managing sexuality, the law helped construct the crime.

In 2004, the first same-sex couple married in Quebec. How did homosexuality -- an act that had for centuries been defined as criminal and abominable -- come to be sanctioned by law? In Judging Homosexuals, Patrice Corriveau finds answers in a comparative analysis of gay persecution in France and Quebec. By tracing over time how various groups -- family and clergy, doctors and jurists -- tried to manage people who were defined in turn as sinners, as criminals, as inverts, and as citizens deserving of protection, this book shows how the law helped construct the crime. /body /html

A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.

Thoroughly revised and updated for this Fifth Edition, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. Broad in scope, this one-of-a-kind book features “off-the-bench” writings and speeches in which Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional interpretation, judicial federalism, and the role of the judiciary. Engaging introductory material written by David M. O’Brien provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary.

As Americans, we cherish the freedom to associate. However, with the freedom to associate comes the right to exclude those who do not share our values and goals. What happens when the freedom of association collides with the equally cherished principle that every individual should be free from invidious discrimination? This is precisely the question posed in Boy Scouts of America v. James Dale, a lawsuit that made its way through the courts over the course of a decade, culminating in 2000 with a landmark ruling by the U.S. Supreme Court. In Judging the Boy Scouts of America, Richard J. Ellis tells the fascinating story of the Dale case, placing it in the context of legal principles and precedents, Scouts' policies, gay rights, and the “culture wars” in American politics. The story begins with James Dale, a nineteen-year old Eagle Scout and assistant scoutmaster in New Jersey, who came out as a gay man in the summer of 1990. The Boy Scouts, citing their policy that denied membership to “avowed homosexuals,” promptly terminated Dale’s membership. Homosexuality, the Boy Scout leadership insisted, violated the Scouts’ pledge to be “morally straight.” With the aid of the Lambda Legal Defense Fund, Dale sued for discrimination. Ellis tracks the case from its initial filing in New Jersey through the final decision of the U.S. Supreme Court in favor of the Scouts. In addition to examining the legal issues at stake, including the effect of the Supreme Court’s ruling on the law of free association, Ellis also describes Dale's personal journey and its intersection with an evolving gay rights movement. Throughout he seeks to understand the puzzle of why the Boy Scouts would adopt and adhere to a policy that jeopardized the organization's iconic place in American culture—and, finally, explores how legal challenges and cultural changes contributed to the Scouts’ historic policy reversal in May 2013 that ended the organization’s ban on gay youth (though not gay adults).

Die Haltung der katholischen Kirche gegenüber Homosexualität ist nach wie vor zwiespältig: Homosexuelle sollen geachtet und nicht diskriminiert werden, aber ihre intimen Beziehungen werden moralisch verurteilt. Die Beiträge dieses Bandes plädieren für eine Änderung dieser Position. Homosexualität ist als Variante menschlicher Beziehungs- und Liebesfähigkeit anzuerkennen. Dazu werden exegetische, theologische, ethische und humanwissenschaftliche Argumente vorgetragen. Es gibt gute Gründe für eine Revision der katholischen Lehre über Homosexualität.

Known as the “swing justice,” Justice Anthony M. Kennedy provided the key vote determining which way the Supreme Court would decide on some of the most controversial cases in US history. Though criticized for his unpredictable rulings, Kennedy also gained a reputation for his opinion writing and, more so, for his legal rhetoric. This book examines Justice Kennedy’s legacy through the lenses of rhetoric, linguistics, and constitutional law. Essays analyze Kennedy’s opinion writing in landmark cases such as Romer v. Evans, Obergefell v. Hodges, and Planned Parenthood v. Casey. Using the Justice’s rhetoric as an entry point into his legal philosophy, this volume reveals Kennedy as a justice with contradictions and blind spots—especially on race, women’s rights, and immigration—but also as a man of empathy deeply committed to American citizenship. A sophisticated assessment of Justice Kennedy’s jurisprudence, this book provides new insight into Kennedy’s legacy on the Court and into the role that rhetoric plays in judging and in communicating judgment. In addition to the editors, the contributors to this volume are Ashutosh Bhagwat, Elizabeth C. Britt, Martin Camper, Michael Gagarin, James A. Gardner, Eugene Garver, Leslie Gielow Jacobs, Sean Patrick O’Rourke, Susan E. Provenzano, Clarke Rountree, Leticia M. Saucedo, Darien Shanske, Kathryn Stanchi, and Rebecca E. Zietlow.

Sometimes, grace gets messy. Caleb Kaltenbach was raised by LGBT parents, marched in gay pride parades as a youngster, and experienced firsthand the hatred and bitterness of some Christians toward his family. But then Caleb surprised everyone, including himself, by becoming a Christian…and a pastor. Very few issues in Christianity are as divisive as the acceptance of the LGBT community in the church. As a pastor and as a person with beloved family members living a gay lifestyle, Caleb had to face this issue with courage and grace. Messy Grace shows us that Jesus’s command to “love your neighbor as yourself” doesn’t have an exception clause for a gay “neighbor”—or for that matter, any other “neighbor” we might find it hard to relate to. Jesus was able to love these people and yet still hold on to his beliefs. So can you. Even when it’s messy. “Messy Grace is an important contribution to the conversation about sexual identity for churches and leaders. Caleb's story is surprising and unique, and he weaves it together compellingly. He states his views clearly, leaves room for disagreement, and champions love no matter where you are in this conversation.” —Jud Wilhite, Sr. Pastor, Central Christian Church