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Tracing the Court's deliberations, Richards shows how Lawrence unambiguously establishes that the right to a private life is an innately human right and that our constitutional right to privacy rests on the moral bedrock of equal protection. He shifts from the law to literature, and from the Courts to the wider culture, to offer an analysis of the relevant arguments, going beneath their surface to link them to the emotional and moral foundations of the controversies raging around these decisions.
A history of the government's regulation of sexual behavior traces the historical purposes behind the prohibition against sodomy in early America and continues with a discussion of how the law was referenced in different contexts in later years, covering such topics as the McCarthy era, the sexual revolution of the 1960s, and the 2003 Supreme Court decision to decriminalize private sex between consenting adults. 20,000 first printing.
Author : Helmut Puff Publisher : University of Chicago Press Page : 344 pages File Size : 14,79 MB Release : 2003-06 Category : History ISBN : 9780226685052
During the late Middle Ages, a considerable number of men in Germany and Switzerland were executed for committing sodomy. Even in the seventeenth century, simply speaking of the act was cause for censorship. Here, in the first history of sodomy in these countries, Helmut Puff argues that accusations of sodomy during this era were actually crucial to the success of the Protestant Reformation. Drawing on both literary and historical evidence, Puff shows that speakers of German associated sodomy with Italy and, increasingly, Catholicism. As the Reformation gained momentum, the formerly unspeakable crime of sodomy gained a voice, as Martin Luther and others deployed accusations of sodomy to discredit the upper ranks of the Church and to create a sense of community among Protestant believers. During the sixteenth century, reactions against this defamatory rhetoric, and fear that mere mention of sodomy would incite sinful acts, combined to repress even court cases of sodomy. Written with precision and meticulously researched, this revealing study will interest historians of gender, sexuality, and religion, as well as scholars of medieval and early modern history and culture.
This collection was compiled by Francis Loots on behalf of GALA, following a search for documents on cases of sodomy in the Cape Archives. The collection consists of the search results, indexes and summaries of Circuit Court, Supreme Court and Appeal Court sodomy cases, as well as photocopies, transcriptions and English translations of some of the original Afrikaans documents in the Cape Archives (1828-1961). A computer printout of search results (117 sodomy cases) forms the basis of the collection. Loots summarised each sodomy case individually, recording the name of the accused, occupation, place and date of assault as a heading to each case, followed by the Cape Archives file/volume reference number, the computer search result number, a description of the case, and a detailed description of documents in the Cape Archives for each case. Photocopies of original documents are attached to most of the summaries, as well as transcribed documents in some instances, and English translations where the original documents are in Afrikaans. Loots did not retain the order and numbering (no. 1-117) of the documents as listed in the search results, but allocated his own numbers (marked at the top right hand corner of each case summary), and sorted the records according to the following categories for which he compiled 3 indexes.: Criminal records, Cape Supreme Court, 1828-1957, Charge: Sodomy (Numbers 1-64). Criminal records, Circuit Court of the Cape Supreme Court, 1828-1961, Charge: Sodomy (Numbers 65-112). Criminal records, Cape Supreme Court, Criminal appeals, 1927-1940, Charge: Sodomy (Numbers 113-116). This order has been retained in the archival arrangement of the sodomy case materials in series B. Search result number 4 (of 117) has been annotated as a "mistake" on the computer printout and related documents have not been included in this collection. The dates in the inventory refer to the dates of sodomy cases, as reflected in the search results, recorded in the case summaries and in the original case documents from the Cape Archives. The case summaries would have been compiled in 1999, along with the transcribing and translation of some of the original case documents. A floppy disk contains the digital-born documents created by Loots: the indexes and the Circuit Court, Supreme Court and Appeal Court case summaries, a translation of witness testimony in the case of Rex Vs Bertwyn Cobhan Norton (B106), and a transcription of witness testimony and statement in the case of Rex Vs Albert Brentall Stone (B116). The collection further includes a PhD thesis by Tecla Aerts on sodomy on VOC ships in the 18th Century (in Dutch).
Focusing on six major Supreme Court cases during the 1960s and 1970s, Marc Stein examines the generally liberal rulings on birth control, abortion, interracial marriage, and obscenity in Griswold, Eisenstadt, Roe, Loving, and Fanny Hill alongside a profoundly conservative ruling on homosexuality in Boutilier. In the same era in which the Court recognized special marital, reproductive, and heterosexual rights and privileges, it also upheld an immigration statute that classified homosexuals as "psychopathic personalities." Stein shows how a diverse set of influential journalists, judges, and scholars translated the Court's language about marital and reproductive rights into bold statements about sexual freedom and equality.
Third, same-sex marriage would help civilize America. A civilized polity assures equality for all its citizens. Without full access to the institutions of civic life, gays and lesbians cannot be full participants in the American experience. Gays and lesbians love their country, and have contributed in every way to its flourishing.
In the 1980s, a series of child sex abuse cases rocked the United States. The most famous case was the 1984 McMartin preschool case, but there were a number of others as well. By the latter part of the decade, the assumption was widespread that child sex abuse had become a serious problem in America. Yet within a few years, the concern about it died down considerably. The failure to convict anyone in the McMartin case and a widely publicized appellate decision in New Jersey that freed an accused molester had turned the dominant narrative on its head. In the early 1990s, a new narrative with remarkable staying power emerged: the child sex abuse cases were symptomatic of a 'moral panic' that had produced a witch hunt. A central claim in this new witch hunt narrative was that the children who testified were not reliable and easily swayed by prosecutorial suggestion. In time, the notion that child sex abuse was a product of sensationalized over-reporting and far less endemic than originally thought became the new common sense. But did the new witch hunt narrative accurately represent reality? As Ross Cheit demonstrates in his exhaustive account of child sex abuse cases in the past two and a half decades, purveyors of the witch hunt narrative never did the hard work of examining court records in the many cases that reached the courts throughout the nation. Instead, they treated a couple of cases as representative and concluded that the issue was blown far out of proportion. Drawing on years of research into cases in a number of states, Cheit shows that the issue had not been blown out of proportion at all. In fact, child sex abuse convictions were regular occurrences, and the crime occurred far more frequently than conventional wisdom would have us believe. Cheit's aim is not to simply prove the narrative wrong, however. He also shows how a narrative based on empirically thin evidence became a theory with real social force, and how that theory stood at odds with a far more grim reality. The belief that the charge of child sex abuse was typically a hoax also left us unprepared to deal with the far greater scandal of child sex abuse in the Catholic Church, which, incidentally, has served to substantiate Cheit's thesis about the pervasiveness of the problem. In sum, The Witch-Hunt Narrative is a magisterial and empirically powerful account of the social dynamics that led to the denial of widespread human tragedy.
Author : Brian Donovan Publisher : State University of New York Press Page : 246 pages File Size : 46,63 MB Release : 2016-09-21 Category : Social Science ISBN : 1438461968
Providing a front row seat at critical courtroom battles over seduction, pimping, rape, and sodomy in early twentieth-century New York City, Brian Donovan uses verbatim trial transcripts to understand the city's history during the so-called "first sexual revolution." By tracing the revolutionary and repressive dimensions of this time period, Donovan reveals how conflicting ideas about sex and gender shaped the city's criminal justice system. He unearths stories of sexual violence and legal injustice that contradict the image of early twentieth-century America as a time of sexual revolution and progress. Police and courts often served the interests of the upper classes, men, and racial and ethnic majorities, but the trial transcripts included here reveal the considerable extent to which members of working-class and immigrant communities used the machinery of law enforcement for their own ends. Many previous books have fully documented and analyzed the sensational trials of turn-of-the-century New York City, but none have paid such close attention to the courtroom experiences of common city dwellers.