Gaylaw: Challenging the Apartheid of the Closet [Hardcover]

William N. Eskridge Jr. (Author)

Book Description

ISBN-10: 0674341619 | ISBN-13: 978-0674341616 | Publication Date: October 22, 1999

This book provides a comprehensive analysis of the legal issues concerning gender and sexual nonconformity in the United States. Part One, which covers the years from the post-Civil War period to the 1980s, is a history of state efforts to discipline and punish the behavior of homosexuals and other people considered to be deviant. During this period such people could get by only at the cost of suppressing their most basic feelings and emotions. Part Two addresses contemporary issues. Although it is no longer illegal to be openly gay in America, homosexuals still suffer from state discrimination in the military and in other realms, and private discrimination and violence against gays is prevalent. William Eskridge presents a rigorously argued case for the "sexualization" of the First Amendment, showing why, for example, same-sex ceremonies and intimacy should be considered "expressive conduct" deserving the protection of the courts. The author draws on legal reasoning, sociological studies, and history to develop an effective response to the arguments made in defense of the military ban. The concluding part of the book locates the author's legal arguments within the larger currents of liberal theory and integrates them into a general stance toward freedom, gender equality, and religious pluralism.

Editorial Reviews

From Library Journal

Defining "gaylaw" as the ongoing history of judicial regulations regarding gender and sexual nonconformity, Eskridge (law, Yale Univ.) provides an exhaustive chronicle of legal constraints upon sexual orientation and gender status. The book opens with an overview of the post-Civil War treatment of people who violated societal norms of gender or sexuality. In this section, Eskridge emphasizes the dubious nature of statements claiming that the equality for sexual minorities would endanger majority values. Part 2 stresses why the legal perpetuation of "apartheid of the closet" demands re-evaluation. A prominent goal of the author's work is to develop a political and legal response to the judiciary's rejection of full rights of privacy, equality, and free speech under constitutional guidelines. Eskridge closes by vehemently arguing for the recognition of gays in families, employment, and religion. Copious appendixes detailing state and municipal regulations, statistics, and notes, bolster the research value of this volume. Highly recommended.AMichael A. Lutes, Univ. of Notre Dame Libs., IN
Copyright 1999 Reed Business Information, Inc.

Review

"Gaylaw is a panoramic exploration of the many issues that are now part of our public discourse about the place of homosexuals in American society. Eskridge is a leading "gaylegal" scholar, and this book is a thoughtful, insightful analysis not only of the country's changing mind-set about regulating same-sex attraction, but also of the constitutional bases for protecting sexual intimacy from state intrusion. He draws on many sources, and more than one-quarter of the book comprises supporting appendixes and endnotes. He has assembled comprehensive tables of statutory enactments and statistics about criminal arrests, military discharges, and other governmental enforcement efforts...Eskridge's book is a valuable contribution to the dialogue on this and a host of other questions our society will grapple with as the closet crumples and gay people press for equal standing in the eyes of the law." (Patrick McGlone Legal Times )

What Eskridge reveals in this monumental book is that the law has more often than not been used against gays and lesbians, as well as against all individuals who do not meet the moral ideals of the controlling puritanical mainstream...[His] text is replete with references to Mary MacIntosh, Michel Foucault, and Eve Sedgwick--not your average legal citations. Eskridge is at his best when he is engaged in legal analysis. His arguments are fine tuned, and his legislative history is thorough...The law does not exist in a vacuum; it rides the current of history and public policy. Gaylaw captures that ride. Eskridge provides a blueprint for possible arguments that may secure rights for gays and lesbians. Time and the whims of the courts will tell whether such arguments are persuasive. Certainly there are few other histories of 'gay rights' that are as complete and thorough as Gaylaw. (Romilda Crocamo Lesbian Review of Books )

"Eskridge provides an exhaustive account of the evolution of 20th-century American law as it pertained to gay people...[His] overriding purpose is to document a case for continued reforming of law, in the spirit of true liberalism, and to extend true equality to homosexuals. This landmark work belongs in all libraries." (D. Q. Friedrichs Choice )

"Eskridge provides an exhaustive chronicle of legal constraints upon sexual orientation and gender status...A prominent goal of the author's work is to develop a political and legal response to the judiciary's rejection of full rights of privacy, equality, and free speech under constitutional guidelines. Eskridge closes by vehemently arguing for the recognition of gays in families, employment, and religion." (Michael A. Lutes Library Journal )

See all Editorial Reviews

Product Details

• Hardcover: 480 pages
• Publisher: Harvard University Press (October 22, 1999)
• Language: English
• ISBN-10: 0674341619
• ISBN-13: 978-0674341616
• Product Dimensions: 9.6 x 6.5 x 1.5 inches
• Shipping Weight: 1.8 pounds
• Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
• Amazon Best Sellers Rank: #2,475,934 in Books (See Top 100 in Books)

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0 of 1 people found the following review helpful:

5.0 out of 5 stars Fascinating book!, April 10, 2010

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Orina Lisson - See all my reviews

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This review is from: Gaylaw: Challenging the Apartheid of the Closet (Hardcover)

Lots of information but still a surprisingly quick and fun read. I really enjoyed this book and have recommended it to friends.