The gay rights question is whether the second-class legal status of gay people should be changed. In this book Andrew Koppelman shows the powerful legal and moral case for gay equality, but argues that courts cannot and should not impose it. The Gay Rights Question in Contemporary American Law offers an unusually nuanced analysis of the most pressing gay rights issues. Does antigay discrimination violate the Constitution? Is there any sound moral objection to homosexual conduct? Are such objections the moral and constitutional equivalent of racism? Must state laws recognizing same-sex unions be given effect in other states? Should courts take account of popular resistance to gay equality? Koppelman sheds new light on all these questions. Sure to upset purists on either side of the debate, Koppelman's book criticizes the legal arguments advanced both for and against gay rights. Just as important, it places these arguments in broader moral and social contexts, offering original, pragmatic, and workable legal solutions.

AcknowledgmentsIntroduction1. Equal Protection and Invidious Intent2. The Right to Privacy?3. The Sex Discrimination Argument, and Objections4. Why Discriminate?5. Choice of Law and Public Policy6. Dumb and DOMA: Why the Defense of Marriage Act Is UnconstitutionalEpilogue: The Limitations of the CourtsNotesIndex

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What can straight people do to support gay rights? How much work or sacrifice must allies take on to do their share? Ian Ayres and Jennifer Brown--law professors, activists, husband and wife--propose practical strategies for helping straight men and women advocate for and with the gay community. Straightforward advances a thesis that is at once simple and groundbreaking: to make real progress at the central flashpoints of controversy--marriage rights, employment discrimination, gays in the military, exclusion from the Boy Scouts, and religious controversies over homosexuality--straight as well as gay people need to speak up and act for equality. Ayres and Brown take aim at both the hearts and minds of the general public, focusing on strategies that can change the incentives and therefore the behavior of the recalcitrant. The book is peppered with stories about real people and the decisions they have faced at home, in church, at work, in school, and in politics. It is also filled with creative legal and economic strategies for influencing public and corporate decision-making. For example, Ayres and Brown propose the development of a "fair employment mark" to help companies advertise inclusive employment policies. They also show how a simple pledge to vacation in states that legalize gay marriage can create powerful incentives for legislatures to amend their marriage laws. Engagingly written and sure to spark debate, Straightforward promises to change the way America thinks about--and participates in--the gay rights movement.

In 1992, the voters of Colorado passed a ballot initiative amending the state constitution to prevent the state or any local government from adopting any law or policy that protected a person with a homosexual, lesbian, or bisexual orientation from discrimination. This amendment was immediately challenged in the courts as a denial of equal protection of the laws under the United States Constitution. This litigation ultimately led to a landmark decision by the United States Supreme Court invalidating the Colorado ballot initiative. Suzanne Goldberg, an attorney involved in the case from the beginning on behalf of the Lambda Legal Defense and Education Fund, and Lisa Keen, a journalist who covered the initiative campaign and litigation, tell the story of this case, providing an inside view of this complex and important litigation. Starting with the background of the initiative, the authors tell us about the debates over strategy, the court proceedings, and the impact of each stage of the litigation on the parties involved. The authors explore the meaning of legal protection for gay people and the arguments for and against the Colorado initiative. This book is essential reading for anyone interested in the development of civil rights protections for gay people and the evolution of what it means to be gay in contemporary American society and politics. In addition, it is a rich story well told, and will be of interest to the general reader and scholars working on issues of civil rights, majority-minority relations, and the meaning of equal rights in a democratic society. Suzanne Goldberg is an attorney with the Lambda Legal Defense and Education Fund. Lisa Keen is Senior Editor at the Washington Blade newspaper.

This book is a comparative history devoted to the revolutionary tradition in the West as it evolved over many centuries and reached its logical, though extreme, culmination in the Communist revolutions of the twentieth century. Unique in the breadth of its scope, "History's Locomotives" is also unique in its interpretation of the origins and history of socialism as well as the meanings of the Russian Revolution, the rise of the Soviet regime, and the ultimate collapse of the Soviet Union. The masterwork of a historian in whom a fine sense of historical particularity never interfered with the ability to see the large picture, this book explores religious conflicts in fifteenth- and sixteenth-century Europe, the revolutions in England, American, and France, and the twentieth-century Russian explosions into revolution. Malia finds that twentieth-century revolutions have deep roots in European history and that revolutionary thought and action underwent a process of radicalization from one great revolution to the next. He offers an original view of the phenomenon of revolution and a fascinating assessment of its power as a driving force in history.

Should religious people who conscientiously object to facilitating same-sex weddings, and who therefore decline to provide cakes, photography, or other services, be exempted from antidiscrimination laws? This issue has taken on an importance far beyond the tiny number who have made such claims. Gay rights advocates fear that exempting even a few religious dissenters would unleash a devastating wave of discrimination. Conservative Christians fear that the law will treat them like racists and drive them to the margins of American society. Both sides are mistaken. The answer lies, not in abstract principles, but in legislative compromise. This book clearly and empathetically engages with both sides of the debate. Koppelman explains the basis of antidiscrimination law, including the complex idea of dignitary harm. He shows why even those who do not regard religion as important or valid nonetheless have good reasons to support religious liberty, and why even those who regard religion as a value of overriding importance should nonetheless reject the extravagant power over nonbelievers that the Supreme Court has recently embraced. Koppelman also proposes a specific solution to the problem: that religious exemptions be granted only to the few businesses that are willing to announce their compunctions and bear the costs of doing so. His approach makes room for America's enormous variety of deeply held beliefs and ways of life. It can help reduce the toxic polarization of American politics.