ABSTRACT

Sandra Day O'Connor has called the gay rights movement "the first important civil rights struggle of the twenty-first century." Recent court decisions to overturn sodomy laws and to recognize gay marriage have emboldened activists, but have also resulted in a tremendous backlash, not the least of which has been a call for a constitutional amendment defining marriage as only between members of the opposite sex. Through its historical and legal contextualization of these decisions The Future of Gay Rights in America is essential for understanding an epochal moment in the history of gay rights.

part I|91 pages

Context

part II|189 pages

Decision

chapter Chapter 7|43 pages

Lawrence Past1

chapter Chapter 8|18 pages

The Rule of Lawrence1

chapter Chapter 9|15 pages

Lawrence, Privacy, and the Marital Bedroom

A Few Telltale Signs of Ironic Worry

chapter Chapter 11|19 pages

Sexuality, Marriage, and Relationships

The Radical Potential of Lawrence

chapter Chapter 12|36 pages

Why Lawrence v. Texas Was Not Expected

A Critique of Pragmatic Legalist and Behavioral Explanations of Supreme Court Decision Making1

part III|20 pages

The Future

chapter Chapter 14|11 pages

Liberal with a Twist

Queering Marriage

chapter Chapter 15|6 pages

The Polite Thing to Do