The Homosexual Ity Of Law

First published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 1996. The Homosexual(ity) of Law is an innovative and important investigation of the legal representation of identity and sexuality. This wide-ranging and theoretical study demands that we think again about the legal regulation of sexual relations. It examines how both sense and nonsense of same-sex relations are made in law by way of ‘homosexual’. It explores how the introduction of an idea of homosexuality both promotes the continued abhorrence and increased punishment of same-sex relations and makes possible reforms in the law that promote respect for these relations. This study investigates the struggles that surround the review of the law on ‘homosexuality’ undertaken by the Wolfenden Committee in the 1950s and explores the peculiarities of the enactment of the term ‘homosexual’ into the law of England in 1967. It challenges the current understanding that ‘homosexual’ is either a term used to name a specific category of act or a term that is merely used to name an identity. The Homosexual(ity) of Law shows how ‘homosexual’ is a term that signifies both of these things, but it is also capable of expressing many other meanings. It explores the values that are given a voice through this new term in law. It also demonstrates that ‘homosexual’ in law is a reference to a complex technology of interrogation, surveillance and documentation that isolates gestures, speech and deportment and gives them meaning as ‘homosexual’ in law. Through an analysis of various police practices, the day-to-day decisions of the judiciary in high profile test cases and recent Parliamentary debates relating to the age of consent law reform, The Homosexual(ity) of Law explores the way this ‘homosexual(ity)’ is put to use in current legal practice.

Law, Religion and Homosexuality is the first book-length study of how religion has shaped, and continues to shape, legislation that regulates the lives of gay men and lesbians . Through a systematic examination of how religious discourse influences the making of law – in the form of official interventions made by faith communities and organizations, as well as by expressions of faith by individual legislators – the authors argue that religion continues to be central to both enabling and restricting the development of sexual orientation equality. Whilst some claim that faith has been marginalized in the legislative processes of contemporary western societies, Johnson and Vanderbeck show the significant impact of religion in a number of substantive legal areas relating to sexual orientation including: same-sex sexual relations, family life, civil partnership and same-sex marriage, equality in employment and the provision of goods and services, hate speech regulation, and education. Law, Religion and Homosexuality demonstrates the dynamic interplay between law and religion in respect of homosexuality and will be of considerable interest to a wide audience of academics, policy makers and stakeholders.

A fascinating exploration of how the law--as viewed and decided by the courts--often embodies fear and prejudice against homosexuality, and thereby, becomes the instrument for discrimination. This valuable book covers a wide range of subjects, illustrating the extent to which the lives of gay persons are touched by these laws and providing a highly critical examination of the response by the American judicial system to our claims for equal protection under the law. Leading law professors and practicing lawyers address the important legal issues and court decisions relevant to male and female homosexuality--criminal punishment for gay sex acts, employment discrimination, child custody, gay organizational rights, and more.

This book explores contemporary social theory and developments in the study of sexuality through the analysis of law and its practices. Each chapter explores the power of discourse in law in relation to homosexualities, while simultaneously examining how homosexuals resist and disrupt these legal discourses. It is a valuable addition to the literature of the fields of Sociology, Cultural Studies, Law, Politics, Gender Studies and Sexuality.

This book gives an overview of how the laws of the time affect lesbians and gay men in how they go about their lives.

Homosexuality and the European Court of Human Rights is the first book-length study of the Court’s jurisprudence in respect of sexual orientation. It offers a socio-legal analysis of the substantial number of decisions and judgments of the Strasbourg organs on the wide range of complaints brought by gay men and lesbians under the European Convention on Human Rights. Providing a systematic analysis of Strasbourg case law since 1955 and examining decades of decisions that have hitherto remained obscure, the book considers the evolution of the Court’s interpretation of the Convention and how this has fashioned lesbian and gay rights in Europe. Going beyond doctrinal analysis by employing a nuanced sociological consideration of Strasbourg jurisprudence, Paul Johnson shows how the Court is a site at which homosexuality is both socially constructed and regulated. He argues that although the Convention is conceived as a ‘living instrument’ to be interpreted ‘in the light of present-day conditions’ the Court’s judgments have frequently forged and advanced new social conditions in respect of homosexuality. Johnson argues that the Court’s jurisprudence has an extra-legal importance because it provides an authoritative and powerful discursive resource that can be mobilized by lesbians and gay men to challenge homophobic and heteronormative social relations in contemporary societies. As such, the book considers how the Court’s interpretation of the Convention might be evolved in the future to better protect lesbian and gay rights and lives.