Sexual Orientation and the Law Research Guide
Introduction
Cleveland Marshall's LGBT Rights Symposium 10/2009
Books, Films and Electronic Resources
Searching SCHOLAR and OhioLINK Catalogs
Periodicals - Law Reviews and Interdisciplinary
Web Sites
Electronic Newsletters & Blogs
Research Paper Topic Selection
LexisNexis/Westlaw "Saved Searches"
Introduction
"Sexual Orientation and the Law" encompasses many legal subjects, including civil rights, criminal law, employment law, immigration and family law. Looking at treatises in those subjects may help, as well as books specific to LGBT people and the law, which are listed below. Sources for interdisciplinary research in medicine, psychology, social science may also be needed, and are also listed below.
Remember that state and local laws may provide greater rights for LGBT people than federal law. For example, currently, Title VII, pertaining to employment discrimination, construes "sex" as gender, not sexual orientation. (However, "gender" can encompass sex-based stereotypes.) Some states and municipalities specifically include sexual orientation as a protected class for employment discrimination purposes.
Legislative history documents, such as House and Senate Reports or Committee Hearings, can be great sources for material relating to pending or passed LGBT rights legislation. For example, Don't Ask, Don't Tell or the employment nondiscrimination bill. See our Legislative History Research Guide.
Please contact the Law Library's Research Services librarians during their Research Services hours, or via email for help with locating or using any of the resources discussed in this guide.
Cleveland Marshall's LGBT Rights Symposium 10/2009
Symposium Web Page - Includes video of the symposium
Symposium Handouts
Image: 'Just when you thought you were done+protesting.'
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Cleveland/s Declaration of Domestic Partnership Form
ACLU Letter to Louisville HS on Same-Sex Couple attending Prom
HRC Status of U.S. Law Maps:
- Marriage Equality and Relationship Recognition
- Marriage Prohibition Map
- Parenting Laws: Second Parent Adoption
- Parenting Laws: Joint Adoption
- Statewide Employment Laws
Books, Films, and Electronic Resources
The following is a list of selected items in the Cleveland Marshall College of Law Library and CSU library.
Civil Rights, Human Rights, and the Law
Courting Justice: Gay Men and Lesbians v. the Supreme Court / Joyce Murdoch and Deb Price. Basic Books, c2001. HQ76.8 .U5 M97 2001
Courts, Liberalism, and Rights: Gay Law and Politics in the United States and Canada / Jason Pierceson. Temple University Press, 2005. KF4754.5 .P54 2005
Covering: The Hidden Assault on Our Civil Rights / Kenji Yoshino. Random House, c2006. KF373.A3 Y67 2006
Gay/Lesbian Politics and Law / Steve Sanders. Indiana University, c2001. Electronic Resource
Gay and Lesbian Rights in the United States: a Documentary History / Walter L. Williams and Yolanda Retter, eds. Greenwood Press, c2003. HQ76.8 .U5 G37 2003
Gay Rights / Rachel Kranz and Tim Cusick. Facts on File, c2000. HQ76.8 .U5 K73 2000
Gay Rights / Kate Burns. Greenhaven Press/Thomson Gale, c2006. HQ76.5 .G39 2006
Gay Rights on Trial: a Reference Handbook / Lee Walzer. ABC-CLIO, c2002. KF4754.5 .W35 2002 and electronic version
Homophobia and the Law / Amy D. Ronner. American Psychological Association, c2005. KF4754.5 .R66 2005
Irreconcilable Differences? Intellectual Stalemate in the Gay Rights Debate / Thomas Caramagno. Praeger, 2002. Electronic Resource
Many are Chilled but Few are Frozen: the Inevitable Demise of Legally Sanctioned Discrimination Against Sexual Minorities in the United States / Prof. Susan J. Becker. 2007. KF4754.5 .B422 2007
Rainbow Rights: the Role of Lawyers and Courts in the Lesbian and Gay Civil Rights Movement / Patricia A. Cain. Westview Press, c2000. KF4754.5 .C35 2000
Regulating Intimacy: a New Legal Paradigm / Jean L. Cohen. Princeton University Press, c2002. KF9325 .C64 2002
The Rights of Lesbians, Gay Men, Bisexuals, and Transgender People: the Authoritative ACLU Guide to a Lesbian, Gay, Bisexual, or Transgender Person's Rights / Nan D. Hunter, Courtney G. Joslin, and Sharon M. McGowan. Southern Illinois University Press, c2004. KF4754.5 .Z9 H86 2004
The Future of Gay Rights in America / H.N. Hirsh. Routledge, 2005. KF4754.5 .F88 2005
Same Sex, Different Politics: Success and Failure in the Struggle over Gay Rights / Gary Mucciaroni. University of Chicago Press, 2008. HQ76.5 .M83 2008
Sexual Rights in America: the Ninth Amendment and the Pursuit of Happiness / Paul R. Abramson, Steven D. Pinkerton, and Mark Huppin. New York University Press, c2003. KF9325 .A93 2003
Sexuality Repositioned: Diversity and the Law / Belinda Brooks-Gordon, et al., eds. Hart, c2004. HQ23 .S49 2004
Symposium, Re-Orienting Law and Sexuality. Cleveland-Marshall College of Law, c2000. Special Collections KF9325 .A75 S97 2000
The Case for Gay Rights: from Bowers to Lawrence and Beyond / David A.J. Richards. University Press of Kansas, c2005. KF4754.5 .R525 2005
Transgender Jurisprudence: Dysphoric Bodies of Law / Andrew N. Sharpe. Cavendish Publishing, c2002. K646 .S52 2002
Education
Attitudes and Practice of School Counselors and School Psychologists with Lesbian and Gay Male Youth / Dawn M. Ruebensaal. 2006. LB1027.5 .R84 2006 Electronic Resource
Diverse Sexuality and Schools: A Reference Book / David Campos. ABC - CLIO, c2003. Electronic Resource
Fit to Teach: Same-sex Desire, Gender, and School Work in the Twentieth Century / Jackie M. Blount. State University of New York Press, c2005. LC192.6 .B56 2005
Hated in the Hallways: Violence and Discrimination against Lesbian, Gay, Bisexual, and Transgender Students in U.S. Schools / Human Rights Watch, c2001. LC212.82 .H37 2001
Harvard's Secret Court: The Savage 1920 Purge of Campus Homosexuals / William Wright. St. Martin's Press, c2005 LD2160 .W75 2005
Lesbians in Academia: Degrees of Freedom / Beth Mintz and Ester Rothblum. Routledge, 1997. LB2332.3 .L47 1997
Sexual Orientation, Public Schools, and the Law / Richard Fossey. Education Law Association, c2007. KF4754.5 .F67 2007
Toward Acceptance: Sexual Orientation Issues on Campus / Vernon Wall and Nancy Evans. University Press of America, c2000. LC192.6 .T69 2000
Welcoming Children from Sexual Minority Families into Our Schools / Linda Leonard Lamme and Laurel A. Lamme. Phi Delta Kappa Educational Foundation, c2003. L11 .F37 no.507
Employment
Changing Corporate American from Inside Out: Gay and Lesbian Workplace Rights / Nicole C. Raeburn. UNiversity of Minnesota Press, c2004. HD6285.5.U6 R34 2004
Employment Discrimination Claims, 2009 / Alan M. Koral and Anne C. Vladek. Practicing Law Institute, 2009. KF8925.L33 L58 2009
Out at Work: Building a Gay-Labor Alliance / Kitty Krupat and Patrick McCreery, eds. University of Minnesota Press, c2001. HD6285.5 .U6 O878 2001 Electronic Resource
Larson on Employment Discrimination, Part LVIII, Chapters 168 and 169, KF3464 .L37 1994 (updated looseleaf). Available on Lexis EMPDIS
General
Gay and Lesbian Issues: a reference book / Chuck Stewart. ABC - CLIO c2003. Electronic Resource
Historical Dictionary of the Lesbian Liberation Movement: Still the Rage / JoAnne Myers. Scarecrow Press, 2003. HQ76.5 .M94 2003
Come Out and Win: Organizing Yourself, Your Community, and Your World / Sue Hyde. Beacon Press, c2007. HQ76.3.U5 H93 2007
Out in Theory: The Emergence of Lesbian and Gay Anthropology / Ellen Lewin and William L. Leap. University of Illinois Press, c2002. HQ75.5 .O936 2002
Queer Wars: The New Gay Right and Its Critics / Paul Robinson. University of Chicago Press, 2005. HQ76.85 .R63 2005
Sexual Politics: the Gay Person in America Today / Shannon Gilreath. University of Akron Press, 2006. HQ76.3.U5 G55 2006
Unfriendly Fire: How the Gay Ban Undermines the Military and Weakens America / Nathaniel Frank. Thomas Dunne Books, 2009. UB418.G38 F73 2009
Identity
From Identity to Politics: the Lesbian and Gay Movements in the United States / Craig A. Rimmerman. Temple University Press, c2002. HQ76.8 .U5 R56 2002
Regulating Sex: the Politics of Intimacy and Identity / Elizabeth Bernstein and Laurie Schaffner, eds. Routledge, c2005. HQ23 .R43 2005
The Story of Sexual Identity: Narrative Perspectives on the Gay and Lesbian Life / Phillip L. Hammack and Bertram J. Cohler. Oxford University Press, c2009. HQ1075 .S79 2009
International
African Intimacies: Race, Homosexuality, and Globalization / Neville Hoad. University of Minnesota Press, c2007. Electronic Resource
Imperialism Within the Margins: Queer Representation and the Politics of Culture in Southern Africa / William J. Spurlin. Palgrave MacMillan, 2006. Electronic Resource
Law and Sexuality: the Global arena / Carl Stychin and Didi Herman, eds. University of Minnesota Press, c2001. K5194 .L39 2001
Sexuality and Human Rights: a Global Overview / Helmut Graupner and Phillip Tahmindjis, eds. Harrington Park Press, c2005. HQ76.5 .S49 2005
Stories of Gay and Lesbian Immigration: Together Forever? / John Hart. Harrington Park Press, c2002. HQ76.8.A8 H37 2002
Tensions in the Struggle for Sexual Minority Rights in Europe: Que(e)rying Political Practices /Nico J. Beger. Palgrave, 2004. HQ76.8.E85 B44 2004
The Sexuality of Migration: Border Crossings and Mexican Immigrant Men / Lionel Cantu Jr. New York University Press, c2009. HQ76.2.U5 C37 2009
Marriage, Civil Unions, and Living Together
A Legal Guide for Lesbian & Gay Couples / Hayden Curry and Denis Clifford; Ralph Warner, ed. Nolo Press, c2002. Electronic resource
Defending Same-Sex Marriage. Praeger, 2007. (3 volumes) HQ1034.U5 D44 2007
Equality Practice: Civil Unions and the Future of Gay Rights / William N. Eskridge, Jr. Routledge, c2002. HQ76.3 .U5 E86 2002
Gay Marriage and Democracy / R. Claire Snyder. Rowman & Littlefied Publishers, c2006. HQ1034.U5 S58 2006
Gay Rights, Marriage, and the Supreme Court / ABC News Productions. Films for the Humanities & Sciences, c2003. (film) HQ1034.U6 A23 2003 (INTERNET)
Just Married: Gay Marriage and the Expansion of Human Rights / Kevin Bourassa and Joe Varnell. University of Wisconsin Press, c2002. HQ1034 .C2 B68 2002
Living Together: Practical Legal Issues / Margaret C. Jasper. Oceana Publications, c2003. KF538 .Z9 J37 2003
The Limits to Union: Same-Sex Marriage and the Politics of Civil Rights Jonathan Goldberg-Hiller. University of Michigan Press, c2002. HQ1034 .U5 G65 2002
The Long Arc of Justice: Lesbian and Gay Marriage, Equality, and Rights / Richard D. Mohr. Columbia University Press, c2005. HQ76.3 .U5 M642 2005
Same-Sex Marriage in the United States: Focus on the Facts / Sean Cahill. Lexington Books, c2004. HQ1034 .U5 C34 2004
Same-Sex Marriage, Legal Mobilization, & the Politics of Rights / Martin Dupuis. Peter Lang, c2002. HQ1034 .U5 D86 2002
Why Marriage?: the History Shaping Today's Debate over Gay Equality / George Chauncey. Basic Books, c2004. HQ76.8 .U5 C43 2004
Why Marriage Matters: America, Equality, and Gay People's Right to Marry / Evan Wolfson. Simon & Schuster, c2004. HQ1034 .U5 W659 2004
Why You Should Give a Damn about Gay Marriage / Davina Kotulski. Advocate Books, c2004. HQ1034 .U5 K67 2004
Parenting and Family Issues
Estate Planning Issues for the Non-Traditional Family. Ohio State Bar Association CLE Institute, c2006. KFO140.A75 E86 2006
Gay and Lesbian Families / Kate Burns. Greenhaven Press, c2005. HQ76.35.U6 G39 2005
Gay Men Choosing Parenthood / Gerald P. Mallon. Columbia University Press, c2004. Electronic Resource
Lesbian and Gay Foster and Adoptive Parents: Recruiting, Assessing, and Supporting an Untapped Resource for Children and Youth / Gerald P. Mallon. Child Welfare League of America, c2006 HV875.72.U6 M34 2006
Loving Emma: A Story of Reluctant Motherhood / Carol A. Ortlip. Alyson Books, 2008. HQ75.55 .O77 2008
Mom, Dad. I'm Gay: How Families Negotiate Coming Out / Ritch C. Savin-Williams. American Psychological Association, c2001. HQ76.25 .S39 2001
Parenting in Planned Lesbian Families / Henrica Maria Wilhelmina Bos. Amsterdam University Press, c2004. Electronic Resource
Religion and Morality
How the Religious Right Shaped Lesbian and Gay Activism / Tina Fetcher. University of Minnesota Press, c2008. HQ76.8.U5 F48 2008
Love the Sin: Sexual Regulation and the Limits of Religious Tolerance / Janet R. Jakobsen and Ann Pellegrini. New York University Press, c2003. BR115 .H6 J34 2003
Ministry Among God's Queer Folk: LGBT Pastoral Care / David Kundtz and Bernard Schlager. Pilgrim Press, 2007. BV4437.5 .K86 2007
More Than Welcome: Learning to Embrace Gay, Lesbian, Bisexual, and Transgendered Persons in the Church / Maurine C. Waun. Chalice Press, c1999. BR115.H6 W38 1999
The Morality of Gay Rights: an Exploration in Political Philosophy / Carlos A. Ball. Routledge, c2003. HQ76.5 .B35 2003
Sexual Orientation and Human Rights in American Religious Discourse / Saul Olyan and Martha Nussbaum. Oxford University Press, 1998
The Stranger Next Door: the Story of a Small Community's Battle over Sex, Faith, and Civil Rights / Arlene Stein. Beacon Press, c2001. HQ76.8 .U5 S74 2001 and Electronic Resource
Witness: Gay and Lesbian Clergy Report from the Front / Dann Hazel. Westminster John Knox Press, c2000. Electronic Resource
Violence, Hate Crimes, and Suicide
Assault on Gay America: The Life and Death of Billy Jack / Claudia Pryor Malice. PBS Video, 2000 (film) HV6250.4.H66 A87 2000
Crimes of Hate, Conspiracy of Silence: Torture and Ill-treatment Based on Sexual Identity. Amnesty International USA, 2001. HV6250.4.H66 C75 2001
Dead Boys Can't Dance: Sexual Orientation, Masculinity, and Suicide / Michel Dorais. McGill-Queen's University Press, c2004. Electronic Resource
From Hate Crimes to Human Rights: A Tribute to Matthew Shepard / Mary E. Swigonski. Haworth Social Work Practice Press, c2001. HQ76.5 .F76 2001
Hated in the Hallways: Violence and Discrimination against Lesbian, Gay, Bisexual, and Transgender Students in U.S. Schools / Human Rights Watch, c2001. LC212.82 .H37 2001
Stonewall: The Riots that Sparked the Gay Revolution / David Carter. St. Martin's Press, 2004. HQ76 .C315 2004
Violence, Prejudice, and Sexuality / Stephen Tomsen. Routledge, 2009. HV6250.4.H66 T67 2009
Searching Library Catalogs
Search CSU's Library Catalog, Scholar or the state-wide consortia OhioLINK, using these subject headings Bisexuality, Gay Men, Gay Rights, Gays, Gender Identity, Homosexuality, Lesbians, Sex and Law, Sexual Orientation, Transexualism, Transsexuals, and Transvestites. See also the Sex and Law Related Subject Headings.
Periodicals and Current Awareness Services
Legal Periodicals
The Dukeminier Awards: Best Sexual Orientation Law Review Articles of ... / UCLA School of Law Williams Project. c2002- . K4 .U58 and Electronically on LexisNexis Academic and HeinOnline.
Some of the law journals dedicated to LGBT topics:
- The Georgetown Journal of Gender and the Law. Georgetown University Law Center, c1999- . K7 .E572
- Lambda Update. Lambda Legal Defense and Education Fund, Inc. KF4754.5 .A15 L36
- Law & Sexuality: a Review of Lesbian and Gay Legal Issues. Tulane University School of Law, c1991- . K12 .A9227
- Lesbian-Gay Law Notes. Bar Association for Human Rights of Greater New York. KF4754.5 .A15 L47
- Michigan Journal of Gender & Law. University of Michigan Law School, c1994- . K13 .I313
Also see Finding Articles in Law Reviews, Journals and Other Legal Periodicals guide.
Interdisciplinary Periodicals
Some of the fulltext and index databases the University Library subscribes to include:
- Gender Studies Database
- GenderWatch
- LGBT Life with Full Text
- Social Sciences Citation Index
- Social Sciences Full Text
- Academic Search Complete
For more, see Alphabetical list of Research Databases, or Ohiolink Databases by Subject, including subjects such as medicine, political science and more.
Web Sites
| National Organizations | International Organizations | Groups Opposed to LGBT |
| Ohio Organizations | Other Resources | |
National Organizations
American Bar Association: Section of Individual Rights and Responsibilities: Committee on Sexual Orientation and Gender Identity - Reports.
American Civil Liberties Union: Lesbian Gay Bisexual Transgender Project - Impact cases filed by the ACLU, news and a blog.
Freedom to Marry - Information by state, publications, news.
Gay and Lesbian Alliance Against Defamation (GLAAD) - Organization dedicated to improving the image of LGBT people as portrayed in the media. Talking About series gives a brief overview of LGBT issues. Identifies best and worst news articles and television reports.
Gay Lesbian Straight Education Network (GLSEN) - Helpful research reports re. LGBT students
Human Rights Campaign - Issue pages with news, articles and current or pending legislation. State by state information and state by state laws
Immigration Equality - Info on asylum, transgender issues, hiv issues and more. News, publications, immigration basics.
Lambda Legal Defense Fund - News and information on various LGBT issues; cases in courts and copies of documents filed; useful publications.
National Center for Lesbian Rights - Case docket, Legal information for attorneys and the public.
National Gay and Lesbian Task Force - News and information on issues. Useful reports, research, maps and fact sheets.
National Lesbian and Gay Law Association - Amici briefs, writing competition for law students.
PTFGLC - Partners Task Force for Gay & Lesbian Couples - articles, essays, factual reports, surveys.
Service Members Legal Defense Network - Articles, stories, news.
Ohio Organizations
ACLU of Ohio - LGBT Rights - Information on enacted and pending legislation and ordinances.
Equality Ohio - Current state of the law in Ohio, pending legislation, facts and surveys regarding safety and security, family, employment and housing issues.
International Organizations
Amnesty International - search for articles by issue and by country
Human Rights Watch - search for articles on lgbt issues from around the world
International Gay and Lesbian Human Rights Commission - Info by issue and by country
International Lesbian and Gay Association - An archive of articles organized by topic, access articles by country, news from around the world.
Other Resources
FindLaw: Public: FindLaw for the Public: Civil Rights: More Topics: Gay and Lesbian Rights / Sexual Orientation Discrimination
Kinsey Institute for Research in Sex, Gender, and Reproduction
UCLA School of Law's The Williams Institute - studies
Western Reserve Historical Society: Lesbian, Gay, Bisexual and Transgender Archives
"Papers, documents, photographs, oral history interviews, and memorabilia of lesbian, gay, bisexual and transgender individuals, organizations, institutions, and businesses in Northeast Ohio."
AALL Bibliography of Legal Literature Discussing LGBT, Their Rights and Their Families
Casebook on Sexual Orientation Law - Contains about 150 cases pertaining to LGBT legal issues.
Suffolk Guide on Same Sex Marriage
Websites of Groups Opposing Extension of Rights to LGBT People
American for Truth about Homosexuality
National Association for Research and Therapy of Homosexuality
Electronic Newsletters & Blogs
Electronic Newsletters
Smartbrief.com - Free email newsletter service. Summaries of headlines from newspapers and trade publications, with links to the article. Scroll down to Non-Profit, Gay & Lesbian Leadership SmartBrief, to view a sample and sign up for LGBT news.
New York Law School Justice Action Center - News and Events. Summarizes case opinions involving LGBT and other civil rights and public interest issues. Also other news and events on public interest law issues.
Blogs
Transcending Gender by Jen Burke
Sexual Orientation and the Law (A Law Professors Blog Network Blog)
Gender and Sexuality Law Blog by Columbia University Law School
Connecticut Lesbian and Gay Law Blog
Australian Gay and Lesbian Blog
Research Paper Topic Selection
See Scholarly Writing Guide for hints on how to select topics
LexisNexis/Westlaw "Saved Searches"
When writing a paper or article, you may need to continuously search primary and secondary sources for information on pending court cases, legislation, and regulations, as well as a myriad of social and political events. LexisNexis and Westlaw allow you to save a search then have it automatically run for you on a periodic basis, saving you a lot of time and effort. These "saved searches" are called LexisNexis Alert searches and Westlaw WestClip searches. Search results can be delivered to you as a regular printout or emailed. For information on how to set up LexisNexis Alert and Westlaw WestClip searches, connect to the LexisNexis/Westlaw Saved Searches guide.
LER, February 2006; Revised 11/10/09, SA