Gay rights and American law

Abstract

1. Introduction The context of the study The cases Case outcome variation by court system and subject matter Geographic variation Temporal variation 2: Case narratives Child custody, visitation, adoption, and foster care (CVAF) Lesbian and gay family issues not involving CVAF Cases adjudicating sexual orientation discrimination claims not related to lesbian and gay family issues Gays in the military Cases adjudicating the constitutionality of consensual sodomy and related Solicitation statutes and their Enforcement against gay people Cases adjudicating the free speech and free association rights of gay people Miscellaneous cases essential to lesbian and gay rights Same-sex sexual harassment Defamation involving homosexuality Miscellaneous cases not essential to lesbian and gay rights Conclusion 3: The lesbian and gay rights claims models The statistical analysis Findings Applying the models Answers to questions posed in chapter 2 Model performance Conclusion 4: Judicial federalism and the 'myth of parity' Judicial federalism variables Findings Conclusion 5: A test of stare decisis The legal literature The political science literature Lesbian and gay rights claims and precedent Test one Test two Caveats Conclusion 6: Conclusion Location, location, location The promise of the states The value of diversity on the bench Time is on our side, Yes it is! The vital role of interest groups The power of precedent Democrats, republicans, and gay rights The forces motivating judicial decision making The quantitative study of rights and of law Epilogue.

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