The Case For Gay Rights: From Bowers To

A timely and eloquent intellectual treatise in defense of gay rights, based on a close examination of constitutional and democratic principles governing fundamental human rights relating to privacy, free speech, and conscience, and presented through the prism of the author's own personal experience as a gay man.

David A.J. Richards is Edwin D. Webb Professor of Law at New York University.

Preface

xi

Acknowledgments

xiii

The Personal as Political

1

(14)

The Struggle for Voice

3

(3)

Personal History

6

(9)

Part I: Philosophy

Philosophy

15

(12)

Utilitarian Equality

17

(5)

Contractualist Equality

22

(1)

Liberal Political Philosophy and Constitutional Law

23

(4)

Part II: Law

Judicial Review in the United States After World War II: Free Speech and Gay Rights as a Protest Movement

27

(11)

Resisting Voice in History

27

(3)

Why So Late?

30

(2)

The Emergence of Arguments for Gay Rights

32

(6)

Judicial Review in the United States After World War II: Religion, Race, and Gender

38

(25)

Antebellum Radical Abolitionist Protest

38

(4)

Constitutional Struggle, the Civil Rights Movement, and Abolitionist Antiracism

42

(8)

The Feminist Movement and Constitutional Development

50

(13)

The Constitutional Rights to Privacy

63

(10)

Bowers v. Hardwick

73

(15)

Lawrence v. Texas

88

(13)

Sexual Orientation as a Suspect Class

101

(27)

The Religion Analogy

103

(10)

The Gender Analogy

113

(3)

Anti-Lesbian/Gay Initiatives

116

(4)

Exclusion from the Military

120

(8)

Same-Sex Marriage

128

(17)

Part III: Psychology

Psychology

145

(30)

Voice, Resistance, Reaction, and Psychology

145

(4)

Men, Honor, and Obligatory Violence

149

(2)

Democratic Manhood

151

(3)

Gay/Lesbian Resistance

154

(21)

Notes

175

(40)

Bibliography

215

(16)

Index of Cases

231

(4)

Subject Index

235

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The Case For Gay Rights: From Bowers To Lawrence And Beyond

Summary

Author Biography

Table of Contents

Supplemental Materials