Progressive Federalism? A Gay Liberationist Perspective
In: Albany Law Review, Band 66, Heft 3
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In: Albany Law Review, Band 66, Heft 3
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In: IZA Discussion Paper No. 14733
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In: IZA Discussion Paper No. 12360
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Working paper
In: YMNO-D-22-00451
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Anti-bullying campaigns and legislation are on the rise, and school districts are fighting in favor of and against various forms of support for gay and sexually diverse (GSD) students, creating very distinct experienced ethoses in their prospective schools. At times, these ethoses stand in direct opposition of the aspirational ethoses of those same schools. The purpose of this grounded theory study is to understand how schools interact with the educational policies in place to create a balanced ethos. This study uses Charmaz's (2014) constructivist approach to grounded theory methods to answer the following questions: How, if at all, does the aspirational ethos balance with the experienced ethos in high schools for GSD students, and, how, if at all, are schools creating positive high school ethoses for GSD students? Two themes emerged from this study. The first theme, don't ask, don't tell, showed that GSD students are often expected to be silent about themselves and their issues. The second theme, policy is just a beginning, revealed that inclusive policy alone is not enough, administration must interact with these policies and GSD students. The findings of this study indicate that for schools to provide a balanced aspirational and experienced ethos for GSD students, these students must be included in the policies, actions, and interactions of the high school. Schools create a positive ethos for GSD students when the balance is achieved. This study has practical and theoretical implications for anti-oppressive educational practices and discourse regarding GSD students. ? ; 2015-08-01 ; Ed.D. ; Education and Human Performance, Dean's Office EDUC ; Doctoral ; This record was generated from author submitted information.
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Cover -- Half Title -- Title Page -- Copyright Page -- Brief Contents -- Table of Contents -- Chapter 1: Introduction -- 1: Historical Evidence of Criminalization -- 2: Present Position -- 3: Road Map of Study -- Chapter 2: Medical Aspects of Sexual Minority (LGBT) -- 1: Introduction -- 2: Understanding Sex-Gender -- 2.1: Gender -- 3: Understand Sexual Orientation -- 4: Homosexuality and Science -- 5: Gender Identity, Gender Expression and Gender Dysphoria -- 6: Transgender -- 7: Transsexuals -- 8: Androgyny -- 9: Transvestites -- 10: Hermaphrodite and Intersex -- 10.1: Medical Causes of Intersexuality -- 11: Homophobia and Transphobia -- 12: Conclusion -- Chapter 3: Rights of Sexual Minority under Human Rights Law vis-à-vis Criminal Justice System -- 1: Introduction -- 2: Gender Identity and Sexual Orientation at United Nations -- 3: International Human Rights Law -- 3.1: Regional Legal Instruments -- 3.2: Other Regional Documents -- 4: Grossly Violated Rights -- 4.1: Rights in the Family and Community -- 4.2: Rights under Education System -- 4.3: Rights Against Torture and Ill-Treatment -- 4.4: Rights against Arbitrary Detention -- 4.5: Right to Life -- 4.6: Right to Privacy -- 4.7: Right to Health -- 4.8: Right to Employment -- 5: Grounds of Discriminations -- 5.1: Discrimination on the ground of Sexual Orientation or Gender Identity -- 5.2: Discrimination on the Ground of Sex and Gender -- 6: The International Bill of Gender Rights (IBGR) -- 7: Sexual Minority in Human Rights Committee -- 8: Human Rights under Criminal Justice Systems -- 8.1: Right to Personal Liberty and the Prohibition of Arbitrary Detention -- 8.2: Right to be Informed of the Reasons for the Arrest and of any Charges against Accused -- 8.3: Right to Legal Assistance before Trial -- 8.4: Right Against Solitary Confinement -- 8.5: Right to be Brought Promptly Before a Judge.
Intro -- Contents -- Table of Cases, Treaties and Legislation -- 1. An Introduction to Queer(ing) Human Rights Law -- I. The Method and the Methodology of the Book -- II. The European Court of Human Rights -- III. Homosexuality and Transsexuality before the Court -- IV. A (Working) Definition of Queer Theory -- V. Queer Legal Theory -- VI. Queering Human Rights Law -- VII. Outline of the Book -- 2. The Court's Conception of Gender -- I. Introduction -- II. The Sexed/Gendered Subject of Human Rights -- III. The Legal Meaning of Sex -- IV. Reconstructing the Legal Meaning of Gender -- V. The Transsexual Creation of Surgery and the Law -- VI. A Human Right to Gender Affirming Surgery? -- VII. Overcoming a Genitocentric Case Law -- VIII. Revisiting the Gender In-Between -- IX. Conclusion -- 3. (Homo)Sexuality before the Court -- I. Introduction -- II. The (Hetero)Sexual Subject of Human Rights -- III. The Protection of Another Sexual Identity -- IV. Homosexuality as a Public Identity -- V. The Court's (Western) Understanding of Sexuality -- VI. The Construction of a Sexual Predisposition -- VII. A (Mutable) Immutable Sexuality -- VIII. Narratives of Homosexual Identity -- IX. Conclusion -- 4. LGBT Families and Non-discrimination -- I. Introduction -- II. The Prohibition of Discrimination under the Convention -- III. The Privileged Heterosexual Married Couple -- IV. The Protection of the 'Family in the Traditional Sense' -- V. Homonormativity as an Lgbt Strategy -- VI. Problems with (Non-)Discrimination -- VII. Conclusion -- 5. Of Marriage, Partnerships and Parenthood (and Marriage Once Again) -- I. Introduction -- II. The Heterosexual Right to Marry -- III. Heterosexual(ising) Marriage's History -- IV. LGBT Parenthood -- V. Conclusion -- 6. A Queer(er) Human Rights Jurisprudence -- I. Introduction -- II. Same-Sex Marriage before the Court
Intro -- Foreword -- References -- Contents -- Contributors -- Part I: Background and Introduction -- 1: Introduction -- Purpose -- Background -- The Early Years -- Recent Years -- Conclusion -- References -- 2: Risk and Resilience: A Review of the Health Literature of Veterans Who Identify as LGBT -- Terms, Definitions, and Their Limitations -- The Decision to Serve -- Life Under Anti-LGBT Policies -- Diversity Among Military Service Members -- Military and Veteran Families -- Research on the Health and Mental Health of Sexual and Gender Minority Veterans -- Historical Significance of the Minority Stress Model -- Person and Environment: Resilience Among Service Members and Veterans -- Resilience Under DADT -- Conclusion -- References -- 3: "I Can Finally Be Me…Why Did It Take So Long?" A History of US Military Policy Regarding Sexual and Gender Minority Service -- Andrew's Story -- Revolutionary War to Operation Desert Storm (1775-1992) -- "Don't Ask, Don't Tell" (1993-2010) -- DADT Repeal and Open Transgender Service (2010-Present) -- Department of Defense Instruction 1300.28 -- Conclusion -- References -- Part II: Personal Experiences -- 4: The Reservist Perspective: Service Before and During "Don't Ask, Don't Tell" -- The Reserve Forces Prior to Desert Shield -- Becoming Part of the Reserves -- Life in the Reserve Forces -- Romance in the Reserves -- The Impact of Deployment -- Service in the Reserves Following Desert Storm -- The Impact of Increasing Societal Tolerance -- Decision Process on Continuing in the Service -- The Last Few Months of Service -- Don't Ask, Don't Tell -- 5: Being Discharged Under Don't Ask, Don't Tell -- Joining the Military -- Reconciling Joining the Military with Being LGBT -- Being "Outed" -- Military Issues About Being Gay -- Separation -- Leaving the Air Force -- In Retrospect, What Would I Have Done Differently?
Cover Page -- Title Page -- Copyright Page -- Contents -- List of Figures and Tables -- List of Abbreviations -- Notes on Contributors -- Introduction: Investigating Lesbian and Gay Activism -- PART I LESBIAN AND GAY ACTIVISM THROUGH TIME -- 1 Sodomy, Effeminacy, Identity: Mobilizations for Same-sexual Loves and Practices before the Second World War -- 2 The Homophile Movement -- 3 Gay Liberation and its Legacies -- 4 AIDS Activism from North to Global -- 5 Queer Movement -- PART II IDENTITY AND ITS DISCONTENTS -- 6 LGBT Identity and the Displacement of Sexual Liberation: New York City (1969–1986) -- 7 The Spatial Politics of Gay Pride Parades and Festivals: Emotional Activism -- 8 Lesbians, Second-Wave Feminism and Gay Liberation -- 9 People of Color Mobilization in LGBT Movements in the Netherlands and the United States -- 10 Inside or Outside? Bisexual Activism and the LGBTI Community -- 11 Trans Activism and LGB Movements: Odd Bedfellows? -- PART III SOCIAL MOVEMENT ENVIRONMENT -- 12 Political Institutions and LGBTQ Activism in Comparative Perspective -- 13 Lesbian and Gay Rights and the Courts -- 14 "Lesbian and gay rights are human rights": Multiple Globalizations and LGBTI Activism -- 15 Caught in a Web? The Internet and Deterritorialization of LGBT Activism -- 16 Faith and Religion -- 17 Neoliberalism, Citizenship and Activism -- PART IV CLAIMS AND DEBATES -- 18 Decriminalizing Homosexuality: Gaining Rights through Sodomy Law Reform -- 19 SM Politics, SM Communities in the United States -- 20 Same-sex Partnership and Marriage: The Success and Costs of Transnational Activism -- 21 Rainbow Families and the State: How Policies Shape Reproductive Choices -- Afterword Liberating Generations: Continuities and Change in the Radical Queer Western Era
OBJECTIVES: Although lesbian, gay, bisexual, and transgender (LGBT) people have a higher prevalence of reporting a lifetime suicide attempt than non-LGBT people, suicide prevention research on access to lethal means (eg, firearms) among LGBT people is limited. Our study examined (1) the presence of firearms in the home and (2) among respondents with firearms in the home, the storage of firearms as stored unloaded, stored as loaded and locked, or stored as loaded and unlocked. METHODS: We used data from the 2017 Behavioral Risk Factor Surveillance System surveys from California and Texas (N = 11 694), which were the only states to include items about both sexual orientation and gender identity and the status of firearms in the home. We used logistic regression analysis to assess the association of sexual orientation and gender identity with having firearms in the home while accounting for sociodemographic characteristics and survey state. All analyses were weighted to account for the complex sampling design. RESULTS: Approximately 4.2% of the sample identified as lesbian, gay, and bisexual (LGB). About 18.2% of LGB people reported firearms in the home compared with 29.9% of their heterosexual peers. After adjusting for sex, age, race/ethnicity, educational attainment, and military veteran status, LGB respondents had significantly lower odds of reporting firearms in the home than their heterosexual peers (adjusted odds ratio = 0.47; 95% CI, 0.27-0.84). Among respondents with firearms in the home, firearm storage did not differ by sexual orientation. CONCLUSIONS: Further research is needed to examine whether lower odds of firearms in the home are protective against suicide deaths among LGB populations.
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In: Feminist review, Band 119, Heft 1, S. 39-55
ISSN: 1466-4380
Sexual and gender minorities in contemporary India are formed in the interstices between the neoliberal, Hindutva state; transnational discourses of liberal democracy and sexual 'rights'; as well as cosmopolitan culture and global LGBT movements. As is evident in recent court judgments and legislation, particularly since 2014, postcolonial Hindu nationalism has created cultural conditions where forms of queer gender are permissible while queer sexuality is generally unacceptable. In recent years, significant developments have focused on transgender communities, complicating activism surrounding sexual and gender identities. By positing some identities as state-sanctioned acceptable citizens and others as not, certain 'transgender' individuals are conceptualised as bearers of rights while finding other facets of their identities discriminated against and maintained as illegal. The 2014 Supreme Court NALSA v. Union of India judgment and The Transgender Persons (Protection of Rights) Bill, 2016 passed by the Lok Sabha, alongside further judgments and legislation affecting wider LGBT communities, have kept discourses fixed on sexual and gender identities and their relationship to Indian citizenship at the forefront of discussions of gender justices and injustices in India today. Focusing on recent judicial and legislative developments, this paper examines how transgender rights are being granted in the context of the neoliberal, Hindutva state and considers which forms of transgender identity are currently being conceptualised as legitimate and authentic in such discourses, which can serve to bolster larger right-wing visions and ideologies of the nation and its citizens. It contemplates the ways in which gender 'justices', framed in relation to both transnational LGBT rights discourses and right-wing agendas, are conceptualised and played out on the bodies of sexual and gender minorities.
This dissertation examines how the international idea of same-sex partnership recognition (SSPR) becomes enacted into domestic policy in Argentina and Brazil. It begins by looking at how the leading LGBT social movements in each country understand and prioritize the battle for same-sex unions. These understandings ultimately determine how far reaching an enacted law may go. Next, it explains what the current constitutional and statutory law is in each nation today and through which avenues it potentially could be changed. The second half of the work systematically compares how the LGBT social movement organizations have engaged with the three branches of government to advance their goals. What it finds is that Brazilian LGBT groups have long had elite allies within all three branches of government, but these leaders have not had the institutional capacity to affect change. In Argentina, on the other hand, all three branches have significant institutional powers to change the law, but lesbians and gays have had a harder time securing friends in these positions. The result is that movements in both countries have not yet achieved success. However, some recent changes in both of these southern cone nations have made SSPR a real possibility: the Brazilian Supreme Federal Court, with new and expanded powers, may soon decide in favor of stable unions for same-sex couples. Moreover, allies in the Argentine Senate are expected to soon approve a bill granting full same-sex marriage rights. The final chapter concludes with a brief look at how the variables identified in these cases function in three other Latin American countries.
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In: Oxford scholarship online
'Courting Gender Justice' explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. Drawing comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey, the text offers interviews with human rights and feminist activists and lawyers, grounding the law in the personal experiences of individual people fighting to defend their rights.
Cultural production in the last decade shows the emergence of new social phenomena, the enunciation of the crisis of the individual, the family and the Government, and others from the discourse of a world without ideologies or big speeches that portray the social panorama. A case is that of queer groups in Bogota and the conceptual and political construction processes planned by their undeniable presence. The article is divided in three parts: the first is a characterization and contextualization of the 'queer' and its relationship to the LGBT on a theoretical level. The second is an analysis based on the tensions and paradoxes in the social representations of these actors as a way to understand their dynamics in an epistemological way. The third and final part presents the conclusions that aim to be a point of reflection and not of exegesis in this anti-essentialist territory. ; En la última década, la producción cultural muestra la eclosión de nuevos fenómenos sociales, desde enunciación de la crisis del sujeto, la familia y el Estado, hasta la arenga de un mundo sin ideologías o grandes discursos que den cuenta del panorama social. Un caso de ello son los grupos queer en Bogotá y los procesos de construcción conceptual y política que su presencia indiscutible planea. El artículo está dividido en tres partes: la primera es una caracterización y contextualización teórico de lo queer y su relación con lo LGBT, la segunda, es el análisis desde las tensiones y paradojas presentes en la representación social de estos actores como forma de compresión epistemológica de sus dinámicas y, por último, las conclusiones, que, en este territorio antiesencialista, de nociones líquidas, busca ser un punto de reflexión y no de exégesis.
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From women's suffrage to Civil Rights to environmentalism and the LGBT movement, the American Left has achieved notable successes. Sometimes celebrated and sometimes reviled, the Left has taken on many forms and reinvented itself many times. In this book historian Robert Cottrell provides the most up-to-date history of American progressives.