9780521812740

Gay Rights and American Law

by
  • ISBN13:

    9780521812740

  • ISBN10:

    0521812747

  • Format: Hardcover
  • Copyright: 2003-06-09
  • Publisher: Cambridge University Press
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Summary

Gay Rights and American Law investigates how American appellate courts dealt with the struggle for lesbian and gay civil rights during the last two decades of the twentieth century. The study is grounded on an exhaustive database of both federal and state cases, rendered between 1981 and 2000, and of the personal attributes of the judges who decided them, as well as the ideological, institutional, and legal environments in which the decisions were situated. The work both explains how diverse factors influenced the adjudication of civil rights claims during a vital era of the homosexual civil rights movement and formulates promising methodologies for the meaningful quantitative empirical study of law.

Table of Contents

List of Tables
xi
Acknowledgments xiii
Introduction
1(16)
The Context of the Study
2(5)
The Cases
7(2)
Case Outcome Variation by Court System and Subject Matter
9(1)
Geographic Variation
10(2)
Temporal Variation
12(5)
Case Narratives
17(55)
Child Custody, Visitation, Adoption, and Foster Care
17(17)
Lesbian and Gay Family Issues Not Involving CVAF
34(8)
Cases Adjudicating Sexual Orientation Discrimination Claims Not Related to Lesbian and Gay Family Issues
42(11)
Gays in the Military
53(1)
Cases Adjudicating the Constitutionality of Consensual Sodomy and Related Solicitation Statutes and Their Enforcement Against Gay People
54(3)
Cases Adjudicating the Free Speech and Free Association Rights of Lesbians and Gay Men
57(6)
Miscellaneous Cases Essential to Lesbian and Gay Rights
63(5)
Same-Sex Sexual Harassment
68(1)
Defamation Involving Homosexuality
69(1)
Miscellaneous Cases Not Essential to Lesbian and Gay Rights
70(1)
Conclusion
70(2)
The Lesbian and Gay Rights Claims Models
72(33)
The Statistical Analysis
76(1)
Findings
77(16)
Applying the Models
93(5)
Answers to Questions Posed in Chapter 2
98(2)
Model Performance
100(4)
Conclusion
104(1)
Judicial Federalism and the ``Myth of Parity''
105(13)
Judicial Federalism Variables
109(1)
Findings
110(6)
Conclusion
116(2)
A Test of Stare Decisis
118(26)
The Legal Literature
119(2)
The Political Science Literature
121(6)
Lesbian and Gay Rights Claims and Precedent
127(5)
Test One
132(2)
Test Two
134(7)
Caveats
141(1)
Conclusion
142(2)
Conclusion
144(171)
Location, Location, Location
144(1)
The Promise of the States
145(1)
The Value of Diversity on the Bench
146(4)
Time Is on Our Side, Yes It Is!
150(1)
The Vital Role of Interest Groups
150(1)
The Power of Precedent
150(1)
Democrats, Republicans, and Gay Rights
151(2)
Reprise
153(1)
The Forces Motivating Judicial Decision Making
154(1)
The Quantitative Study of Rights of Law
155(7)
Epilogue
162(153)
Appendix 1.1 How Court Decisions Were Identified
163(4)
Appendix 1.2 Federal and State Appellate Cases Adjudicating Lesbian and Gay Rights Claims, 1981-2000
167(19)
Appendix 2.1 Cases Adjudicating Lesbian and Gay Family Issues, 1981-2000
186(10)
Appendix 2.2 Cases Adjudicating Sexual Orientation Discrimination Claims Not Related to Lesbian and Gay Family Issues, 1981-2000
196(4)
Appendix 2.3 Cases of Gays in the Military, 1981-2000
200(2)
Appendix 2.4 Cases Adjudicating the Constitutionality of Consensual Sodomy and Related Solicitation Statutes and Their Enforcement Against Gay People, 1981-2000
202(2)
Appendix 2.5 Cases Adjudicating the Free Speech and Free Association Rights of Lesbians and Gay Men, 1981-2000
204(2)
Appendix 2.6 Miscellaneous Cases Essential to Lesbian and Gay Rights, 1981-2000
206(2)
Appendix 2.7 Cases Adjudicating Same-Sex Sexual Harassment Claims, 1981-2000
208(2)
Appendix 2.8 Defamation Cases Involving Issues of Homosexuality, 1981-2000
210(2)
Appendix 2.9 Miscellaneous Cases Not Essential to Lesbian and Gay Rights, 1981-2000
212(2)
Appendix 3.1 Further Data Collection, Indepedent Variables, and Statistical Technique
214(12)
Appendix 3.2 Sample Cover Letter Accompanying Self-Administered Questionnaire
226(1)
Appendix 3.3 Self-Administered Questionnaire Sent to Judge
227(2)
Appendix 3.4 Variable Coding
229(4)
Appendix 3.5 Logistic Regression Statistics for Votes in All Essential Decisions
233(3)
Appendix 3.6 Logistic Regression Statistics for Votes in Courts of Last Resort
236(3)
Appendix 3.7 Logistic Regression Statistics for Votes in Intermediate Appellate Courts
239(3)
Appendix 3.8 Logistic Regression Statistics for Votes in Family Cases
242(3)
Appendix 3.9 Logistic Regression Statistics for Votes in Nonfamily Cases
245(3)
Appendix 3.10 Logistic Regression Statistics for Votes in Custody, Visitation, Adoption, and Foster Care Cases
248(2)
Appendix 3.11 Logistic Regression Statistics for Votes of Opinion Writers
250(3)
Appendix 3.12 Bias Arising from Incomplete Data
253(2)
Appendix 3.13 Logistic Regression Statistics for a Reduced Model of the Book's Subset of All Votes in All Essential Decisions
255(2)
Appendix 3.14 Logistic Regression Statistics for a Reduced Model of All Votes in All Essential Decisions
257(2)
Summary Statistics for Appendixes 3.5-3.14
259(8)
Appendix 4.1 Judicial Federalism Variable Coding
267(1)
Appendix 4.2 Appellate Cases Adjudicating Constitutional Issues
268(7)
Appendix 4.3 Logistic Regression Statistics for All Votes (with Judicial Federalism Variables)
275(3)
Appendix 4.4 Logistic Regression Statistics for Votes in Federal Constitutional Decisions
278(3)
Appendix 4.5 Logistic Regression Statistics for Votes in Federal and State Constitutional Decisions
281(3)
Appendix 4.6 Logistic Regression Statistics for Votes in Courts of Last Resort (with Judicial Federalism Variables)
284(3)
Appendix 4.7 Logistic Regression Statistics for Votes in Intermediate Appellate Courts (with Judicial Federalism Variables)
287(3)
Appendix 4.8 Logistic Regression Statistics for Votes in Federal Court Decisions (with Judicial Federalism Variables)
290(2)
Appendix 4.9 Logistic Regression Statistics for Votes in State Courts Decisions (with Judicial Federalism Variables)
292(3)
Summary Statistics for Appendixes 4.3-4.9
295(6)
Appendix 5.1 Precedential Variable Coding for Intermediate Appellate Courts
301(2)
Appendix 5.2 Cases Decided Under the Influence of Controlling Precedent
303(8)
Appendix 5.3 Logistic Regression Statistics for Votes in Intermediate Appellate Courts (with Expanded Stare Decisis Variables)
311(3)
Summary Statistics for Appendix 5.3
314(1)
References 315(18)
Author Index 333(5)
Case Index 338(3)
Subject Index 341

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