http://www.lgbtbib.org/ en Copyright 2008 Tue, 13 Nov 2007 15:33:47 -0600 http://www.sixapart.com/movabletype/ http://blogs.law.harvard.edu/tech/rss This collection of essays explores legal, historical and political dimensions and implications of the transgender movement, and it anticipates, “a dramatic widening of the cultural and social imagination.” Contributors include law professors, attorney advocates, transgender activists and interdisciplinary scholars concerned with gender and sexuality theory. http://www.lgbtbib.org/2007/11/this_collection_of_essays_expl.html http://www.lgbtbib.org/2007/11/this_collection_of_essays_expl.html B. Legal Status (Domestic and Foreign) Currah, Paisley Juang, Richard M. Minter, Shannon Price VIII - Gender Identity Currah human rights Juang Minter transgender Tue, 13 Nov 2007 15:33:47 -0600 The civil commitment process, mental health evaluators, and widely held notions of appropriate sexual behavior jeopardize the personal autonomy of heterosexual girls and homosexual boys in the state’s care. This article focuses on the failure of Florida courts to play a watchdog role over diagnoses of “conduct disorder” in civil commitment proceedings, and urges child advocates take action to protect the autonomy of vulnerable minors. http://www.lgbtbib.org/2007/11/the_civil_commitment_of_stated.html http://www.lgbtbib.org/2007/11/the_civil_commitment_of_stated.html Morey, Maribel V - GLBT Youth/Students civil commitment GLBT youth mental health Morey Tue, 13 Nov 2007 15:29:47 -0600 This article provides an economic analysis of the foster care system and the barriers to entry that same-sex partners must overcome to adopt a child. It argues that providing homosexuals with adoptive and other rights that heterosexuals enjoy would increase demand for adoption and reduce costs of foster care and of social welfare systems. http://www.lgbtbib.org/2007/11/making_a_mountain_out_of_a_mol.html http://www.lgbtbib.org/2007/11/making_a_mountain_out_of_a_mol.html Tue, 13 Nov 2007 15:22:45 -0600 This article provides an economic analysis of the foster care system and the barriers to entry that same-sex partners must overcome to adopt a child. It argues that providing homosexuals with adoptive and other rights that heterosexuals enjoy would increase demand for adoption and reduce costs of foster care and of social welfare systems. http://www.lgbtbib.org/2007/11/making_a_mountain_out_of_a_mol_1.html http://www.lgbtbib.org/2007/11/making_a_mountain_out_of_a_mol_1.html 3. Adoption / Fostering Bradley, Richard R. C. Parenting IV - Family Issues adoption Bradley foster care law and economics Tue, 13 Nov 2007 15:22:45 -0600 Building on the author’s previous work asserting the morality of gay rights, this article argues that anti-gay adoption statutes in Florida and Oklahoma are immoral because they tangibly harm children (often relegating them to the foster care system) and use children as a means to send a message of disapproval about homosexuality. http://www.lgbtbib.org/2007/11/the_immorality_of_statutory_re.html http://www.lgbtbib.org/2007/11/the_immorality_of_statutory_re.html 3. Adoption / Fostering Ball, Carlos A. C. Parenting IV - Family Issues adoption Ball Florida morality Oaklahoma Tue, 13 Nov 2007 15:19:24 -0600 Goldhaber considers the impact on children of state Defense of Marriage Acts (“mini-DOMAs”), which deny recognition of the legal status of same-sex couples. It argues these states should allow both biological and non-biological parents in same-sex couples to have visitation/custody rights, when it would be in the best interest of the children. http://www.lgbtbib.org/2007/11/i_want_my_mommies_the_cry_for.html http://www.lgbtbib.org/2007/11/i_want_my_mommies_the_cry_for.html 1. General C. Parenting Goldhaber, Oren IV - Family Issues DOMA Goldhaber non-biological parent same-sex couples Tue, 13 Nov 2007 15:15:20 -0600 Parent-child relationships are impacted when states take conflicting positions on whether to recognize a same-sex relationship. The author advocates changes to the Uniform Parentage Act to incorporate more gender-neutral principles, to promote consistency in the law, and to “avoid treating children differently based on their parents’ marital status.” http://www.lgbtbib.org/2007/11/protecting_parentchild_relatio.html http://www.lgbtbib.org/2007/11/protecting_parentchild_relatio.html 1. General Anderson, Linda S. C. Parenting IV - Family Issues Anderson parenting same-sex couples Uniform Parentage Act Tue, 13 Nov 2007 15:09:49 -0600 This book describes the United Kingdom’s Civil Partnerships Act 2004, which recognizes the legal status of same-sex relationships, and examines the Act’s provisions and impact in areas such as tax, inheritance and parenting, as well as international aspects and the role of courts in dissolution proceedings. http://www.lgbtbib.org/2007/11/this_book_describes_the_united.html http://www.lgbtbib.org/2007/11/this_book_describes_the_united.html 3. Civil Unions / Domestic Partnerships B. Couples IV - Family Issues Richards, Steve Richards same-sex couples United Kingdom Tue, 13 Nov 2007 15:05:53 -0600 Thomas Paprocki is an Auxiliary Bishop of Chicago and Adjunct Professor at Loyola University Chicago School of Law, and this article is taken from his remarks at a conference on the legal issues of same-sex relationships. Paprocki presents the Catholic viewpoint in opposition to same-sex marriage. He argues that the nature of marriage as a union of one man and one woman is rooted in human history, and that simply because the church supports this status quo, it does not imply a violation of the First Amendment Establishment Clause. He also compares civil law with natural law, while making the claim for the uniqueness of procreation. http://www.lgbtbib.org/2007/11/marriage_samesex_relationships.html http://www.lgbtbib.org/2007/11/marriage_samesex_relationships.html 2. Marriage B. Couples IV - Family Issues Paprocki, Thomas J. c. Con Catholicism First Amendment Paprocki religion same-sex marriage Tue, 13 Nov 2007 14:57:30 -0600 This article explores the differences in moral reasoning between what are referred to as the “Abrahamic faiths” (Christianity, Judaism, and Islam), and those who support same-sex marriage. In exploring these differences, the author looks at the role of reason in comparison to emotion, the role of children, and the idea of freedom with respect to sexual unions. Finally, the author explores the consequences of adopting the moral reasoning of those who support same-sex marriage, and concludes that it could be detrimental to religious institutions. The author reiterates questions concerning the “legal severance of the tie between sexual love and new life…public ideals about marital fidelity…[and] the subordinate[ion] of the legal importance of biological ties.” The author also is particularly concerned about negative implications for family law, specifically the best interests of the child, adoption, custody, child support, and inheritance. http://www.lgbtbib.org/2007/11/the_moral_reasoning_of_family.html http://www.lgbtbib.org/2007/11/the_moral_reasoning_of_family.html 2. Marriage Alvare, Helen M. B. Couples IV - Family Issues c. Con Alvare religion same-sex marriage Tue, 13 Nov 2007 14:50:37 -0600 The second volume is titled “Our Family Values: Same-Sex Marriage and Religion.” The volume includes articles on same-sex marriage and Hindus, Buddhists, Muslims, Lutherans, Presbyterians, Catholics, Unitarians, Pentecostals, Episcopalians, Methodists, Christians generally, Jews, sexuality and the black church, and historical reflections on religion and the freedom to marry in America. ]]> http://www.lgbtbib.org/2007/11/this_is_a_threevolume_treatise.html http://www.lgbtbib.org/2007/11/this_is_a_threevolume_treatise.html 2. Marriage B. Couples IV - Family Issues Strasser, Mark Phillip b. Pro religion same-sex marriage Strasser Tue, 13 Nov 2007 14:30:17 -0600 requires the legalization of same-sex marriage, even if the majority of Americans are opposed to it. She reasons that democracy is not merely majority rule, but rather democracy requires equality among citizens. Specifically, the author considers the legal principles of equality, separation of church and state, individual rights and liberties, and personal autonomy. Then, she responds to the opposition from what she calls three different strands of conservatism: religious conservatives, traditionalists, and conservative communitarians. Finally, the author responds to liberal academic critics of same-sex marriage.]]> http://www.lgbtbib.org/2007/11/written_from_the_perspective_o.html http://www.lgbtbib.org/2007/11/written_from_the_perspective_o.html 2. Marriage B. Couples IV - Family Issues Snyder, R. Claire b. Pro political science same-sex marriage Snyder Tue, 13 Nov 2007 14:23:04 -0600 This is a policy paper in opposition to the Federal Marriage Amendment (FMA). The author outlines four arguments against the FMA: 1) it is unnecessary because federal and state laws already make nation wide same-sex marriage unlikely for the foreseeable future, 2) the FMA is anti-federalist, especially in light of the fact that family law has traditionally been reserved for state regulation, 3) the FMA would cut short the democratic process, and 4) the amendment is poorly constructed overreaching, and possibly does not allow state legislatures the constitutional room to offer any form of legal support for same-sex relationships. http://www.lgbtbib.org/2007/11/this_is_a_policy_paper.html http://www.lgbtbib.org/2007/11/this_is_a_policy_paper.html 2. Marriage B. Couples Carpenter, Dale IV - Family Issues b. Pro Carpenter Federal Marriage Amendment FMA same-sex marriage Tue, 13 Nov 2007 14:19:43 -0600 Romer v. Colorado and Lawrence v. Texas, it is unclear whether statutes banning same-sex marriage would stand up to a constitutional challenge. ]]> http://www.lgbtbib.org/2007/11/written_by_a_legislative_attor.html http://www.lgbtbib.org/2007/11/written_by_a_legislative_attor.html 2. Marriage B. Couples IV - Family Issues Smith, Alison M. a. General constitutional law DOMA Lawrence Romer same-sex marriage Smith Tue, 13 Nov 2007 14:11:50 -0600 Adapted from a dissertation written by a sociology scholar, this text seeks to capture the cultural debate for and against same-sex marriage. The author examines the debate from a sociological perspective, and places the dialogue into context with interviews from same-sex couples. She argues that the language of the debate on both sides of the issue is deeply rooted in cultural ideology, and draws parallels to show that both sides are using similar arguments to arrive at different conclusions. http://www.lgbtbib.org/2007/11/adapted_from_a_dissertation_wr.html http://www.lgbtbib.org/2007/11/adapted_from_a_dissertation_wr.html 2. Marriage B. Couples Hull, Kathleen IV - Family Issues a. General Hull same-sex marriage sociology Tue, 13 Nov 2007 14:06:15 -0600