Sexual Rights In America

The Constitution of the United States guarantees all Americans certain rights, such as the freedoms of speech and religious expression. But what guarantees our sexual freedoms? Sexual Rights in America presents a bold and intriguing look at the constitutional basis of sexual rights in America. Resurrecting the "forgotten" Ninth Amendment, which guarantees those fundamental rights not protected elsewhere in the Constitution, Abramson and colleagues argue that the freedom to choose how, when, and with whom we express ourselves sexually is integral to our happiness. Their careful review of the historical record reveals the importance of the "pursuit of happiness" in the socio-moral philosophy underpinning the Constitution. Sexual freedoms, they assert, are cut from the same cloth as the other freedoms protected by the Bill of Rights, and therefore, should be covered by the Ninth Amendment. Using concrete examples such as prostitution and phone sex, Sexual Rights in America illustrates the scope and limitations of Ninth Amendment sexual rights.

Using concrete examples such as prostitution and phone sex, this book illustrates the scope and limitations of 9th amendment sexual rights.

This report demonstrates the relationship between sexual health, human rights and the law. Drawing from a review of public health evidence and extensive research into human rights law at international, regional and national levels, the report shows how states in different parts of the world can and do support sexual health through legal and other mechanisms that are consistent with human rights standards and their own human rights obligations.

A New York Times Book Review Editors’ Choice Selection A “volume of lasting significance” that illuminates how the clash between sex and religion has defined our nation’s history (Lee C. Bollinger, president, Columbia University). Lauded for “bringing a bracing and much-needed dose of reality about the Founders’ views of sexuality” (New York Review of Books), Geoffrey R. Stone’s Sex and the Constitution traces the evolution of legal and moral codes that have legislated sexual behavior from America’s earliest days to today’s fractious political climate. This “fascinating and maddening” (Pittsburgh Post-Gazette) narrative shows how agitators, moralists, and, especially, the justices of the Supreme Court have navigated issues as divisive as abortion, homosexuality, pornography, and contraception. Overturning a raft of contemporary shibboleths, Stone reveals that at the time the Constitution was adopted there were no laws against obscenity or abortion before the midpoint of pregnancy. A pageant of historical characters, including Voltaire, Thomas Jefferson, Anthony Comstock, Margaret Sanger, and Justice Anthony Kennedy, enliven this “commanding synthesis of scholarship” (Publishers Weekly) that dramatically reveals how our laws about sex, religion, and morality reflect the cultural schisms that have cleaved our nation from its founding.

An updated edition of this measured, practical, and timely guide to LGBT rights and issues for educators and school officials With ongoing battles over transgender rights, bullying cases in the news almost daily, and marriage equality only recently the law of the land, the information in The Right to Be Out could not be more timely or welcome. In an updated second edition that explores the altered legal terrain of LGBT rights for students and educators, Stuart Biegel offers expert guidance on the most challenging concerns in this fraught context. Taking up the pertinent questions likely to arise regarding curriculum and pedagogy in the classroom, school sports, and transgender issues, Biegel reviews the dramatic legal developments of the past decades, identifies the principles at work, and analyzes the policy considerations that result from these changes. Central to his work is an understanding of the social, political, and personal tensions regarding the nature and extent of the right to be out, which includes both the First Amendment right to express an identity and the Fourteenth Amendment right to be treated equally. Acknowledging that LGBT issues affect people of every sexual orientation and gender identity, Biegel provides a road map of viable strategies for school officials and educators. The Right to Be Out, informed by the latest research-based findings, advances the proposition that a safe and supportive educational environment, built upon shared values and geared toward a greater appreciation of our pluralistic society, can lead to a better world for everyone.

This book addresses how sexual practices and identities are imagined and regulated through development discourses and within institutions of global governance. The underlying premise of this volume is that the global development industry plays a central role in constructing people’s sexual lives, access to citizenship, and struggles for livelihood. Despite the industry’s persistent insistence on viewing sexuality as basically outside the realm of economic modernization and anti-poverty programs, this volume brings to the fore heterosexual bias within macroeconomic and human rights development frameworks. The work fills an important gap in understanding how people’s intimate lives are governed through heteronormative policies which typically assume that the family is based on blood or property ties rather than on alternative forms of kinship. By placing heteronormativity at the center of analysis, this anthology thus provides a much-needed discussion about the development industry’s role in pathologizing sexual deviance yet also, more recently, in helping make visible a sexual rights agenda. Providing insights valuable to a range of disciplines, this book will be of particular interest to students and scholars of Development Studies, Gender Studies, and International Relations. It will also be highly relevant to development practitioners and international human rights advocates. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9780203868348, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Forty years after Roe v. Wade, it is evident that the ideologies of "choices" and "rights," which have publicly framed reproductive politics in North America since the landmark legal decision, have been inadequate in making sense of the topic's complexities. In Reproductive Acts, Heather Latimer investigates what contemporary fiction and film can tell us about the divisive nature of these politics, and demonstrates how fictional representations of reproduction allow for readings of reproductive politics that are critical of the terms of the debate itself. In an innovative argument about the power of fiction to engage and shape politics, Latimer analyzes works by authors such as Margaret Atwood, Kathy Acker, Toni Morrison, Larissa Lai, and director Alfonso Cuarón, among others, to claim that the unease surrounding reproduction, particularly the abortion debate, has increased both inside and outside the US over the last forty years. Fictional representation, Latimer argues, reveals reproductive politics to be deeply connected to cultural anxieties about gender, race, citizenship, and sexuality - anxieties that cannot be contained under the rules of individual rights or choices. Striking a balance between fictional, historical, and political analysis, Reproductive Acts makes a compelling argument for the vital role narrative plays in how we make sense of North American reproductive politics.

Sexual orientation is a topic of intense debate within America's religious traditions. These discussions have had a significant impact on the formation of public policy, as speakers who locate themselves squarely within religious traditions have articulated positions on both sides in recent arguments concerning gays in the military, civil rights protections for gays and lesbians, gay marriage, parenting and foster parenting, and benefits for partners of gay and lesbian employees of major corporations and institutions. This volume, which stems from a 1995 conference at Brown University, aims to promote both academic and public understanding of the different positions that exist on sexual orientation and its public policy dimensions within four major American religious traditions. Writers from within the Jewish community, the Roman Catholic church, Mainline Protestant churches, and African-American churches explore the history and tradition of their communities on same-sex orientation, discuss the moral stance they advocate, and consider the legal and public policy implications of that stance. For each of these traditions, two opposing views are represented, and a respondent frames the issue in a larger context. The book concludes with essays by Michael McConnell and Andrew Koppelman exploring how our society might find a modus vivendi in a state position of neutrality on the moral status of homosexuality. This book will appeal to a broad range of readers interested in these crucial issues, and in the role the religious communities play in these debates, while helping to foster the climate for a more reasoned and civil dialogue.