Law and Sexuality has rapidly developed as a distinct area of critical and socio-legal scholarship over the last two decades. In that time, it has blossomed from a small community into a global field of enquiry, with contributions at the cutting edge of academic legal research around the world. A key reason for its vigorous growth has been the rapid pace of legal change in recent years, with many Western societies providing or enhancing legal recognition of lesbian, gay, bisexual, and transgender (‘LGBT’) individuals, relationships, and lives. Indeed, many jurisdictions have recently passed progressive anti-discrimination legislation enacting formal equality for LGBT individuals in education, the workplace, or in access to goods and services. And more and more states are developing recognition frameworks for same-sex relationships and LGBT families. In other jurisdictions, however, there has been a parallel rise in anti-gay measures, including constitutional amendments banning gay marriage in several US states and the high-profile ‘Kill the Gays’ Bill in Uganda. This evolving legal cartography poses many interesting questions and dilemmas for scholars of law and sexuality, offering rich resources for insightful work.
Conceptually, law-and-sexuality research is typified by a dynamic, evolving, and sophisticated conceptual and theoretical base, and this new four-volume collection from Routledge provides an essential work of reference for experts and neophytes alike. Law and Sexuality is prefaced by an introduction, newly written by the editor, which places the gathered materials in context. Each volume also includes a shorter introduction mapping developing themes and trajectories. The collection is sure to be welcomed as a crucial one-stop resource for reference and research.
Table of Contents
Volume I: Rights to Equality
Part 1: Changing Perspectives on (Homo)Sexuality and Law
- Henry Havelock-Ellis, ‘Sexual Inversion in Relation to Society and the Law’, Medico-Legal Journal, 14 1896-1897, 279-288.
- Alfred Herzog, ‘Homosexuality and the Law’, Medico-Legal Journal, 34, 1916, 1-3.
- Michel Foucault [Translated from the French by Robert Hurley], ‘The Deployment of Sexuality: Objective’, in The History of Sexuality (New York: Pantheon Books, 1978), Vol. I: An Introduction, pp. 81-91.
- Patricia A. Cain, ‘Litigating for Lesbian and Gay Rights: A Legal History’, Virginia Law Review, 79, 7, 1993, 1551-1642.
- Didi Herman, ‘Beyond the Rights Debate’, in Rights of Passage: Struggles for Lesbian & Gay Legal Equality (University of Toronto Press, 1991), pp 54-76.
- Robson, Ruthann, ‘Lesbian Jurisprudence?’, Law & Inequality, 8, 1990, 443 – 468.
- Robert Wintemute, ‘Recognising New Kinds of Direct Sex Discrimination: Transsexualism, Sexual Orientation and Dress Codes’, Modern Law Review, 60, 3, 1997, 334-359.
- Arthur S. Leonard, ‘Lawrence v Texas and the New Law of Gay Rights’, Ohio Northern University Law Review, 30, 2003, 189-210.
- Momin Rahman & Stevi Jackson, ‘Liberty, Equality and Sexuality: Essentialism and the Discourse of Rights’, Journal of Gender Studies, 6, 2, 1997, 117-129.
- Carl F. Stychin, ‘Towards a Queer Legal Theory’, in Law’s Desire: Sexuality and the Limits of Justice (London: Routledge, 1995), pp. 140-156.
- Brenda Cossman, ‘Sexuality, Queer Theory, and Feminism after Reading and Rereading the Sexual Subject’, McGill Law Journal, 49, 2004, 847-876.
- Nancy Fraser, ‘From Redistribution to Recognition? Dilemmas of Justice in a "Postsocialist" Age’, in Justice Interruptus: Critical Reflections on the Postsocialist Condition (London and New York: Routledge, 1997), pp. 11-39.
- Judith Butler, ‘Merely Cultural’, New Left Review, 227, 1997/1998, 33-44.
- Susan B. Boyd, ‘Family, Law and Sexuality: Feminist Engagements’, Social & Legal Studies 8, 3, 1999, 369-390.
- Catherine Donovan, Brian Heaphy & Jeffrey Weeks, ‘Citizenship and Same Sex Relationships’, Journal of Social Policy, 28, 4, 1999, 689-709.
- Lisa Duggan, ‘Equality, Inc.’, in The Twilight of Equality? Neoliberalism, Cultural Politics, and the Attack on Democracy (Boston: Beacon Press, 2003), pp. 43-66.
Volume II: Critical Intersections
Part 2: Trans*
- Alex Sharpe, ‘Transgender Jurisprudence and the Spectre of Homosexuality’, Australian Feminist Law Journal, 14, 2000, 23-37.
- Libby Adler, ‘Appending Transgender Equal Rights to Gay, Lesbian and Bisexual Equal Rights’, Columbia Journal of Gender and Law, 19, 3, 2010, 595-615.
- Dean Spade, ‘Trans Law Reform Strategies, Co-Optation, and the Potential for Transformative Change’, Women’s Rights Law Reporter, 30, 2009, 288-314.
- Sarah Lamble, 'Unknowable Bodies, Unthinkable Sexualities: Lesbian and Transgender Legal Invisibility in the Toronto Women's Bathhouse Raid', Social and Legal Studies, 18, 1, 2009, 111-130.
- Emily Grabham, ‘Governing Permanence: Trans Subjects, Time and the Gender Recognition Act’, Social & Legal Studies, 19, 1, 2010, 107-126.
Part 3: Religion and Race
- Didi Herman, '(Il)legitimate Minorities: The American Christian Right's Antigay Rights Discourse', Journal of Law and Society, 1996, 23, 346-363.
- Carl F. Stychin, ‘Closet Cases: ‘Conscientious Objection’ to Lesbian and Gay Legal Equality’, Griffith Law Review, 18, 2009, 17-40.
- Davina Cooper & Didi Herman, ‘Up Against the Property Logic of Equality Law: Conservative Christian Accommodation Claims and Gay Rights’, Feminist Legal Studies, 21, 1, 2013, 61-80.
- Sylvia Tamale, ‘Exploring the Contours of African Sexualities: Religion, Law and Power’, African Human Rights Law Journal, 2014, 150-177.
- Momin Rahman, ‘Queer as Intersectionality: Theorising Gay Muslim identities’, Sociology 44, 5, 2010, 944-961.
- Patricia Hill Collins, ‘It’s All in the Family: Intersections of Gender, Race and Nation’, Hypatia, 13, 3, 1998, 62-82.
- Devon Carbado, ‘Colorblind Intersectionality’, Signs, 38, 4, 2013, 811-845.
- Sarah Keenan, ‘Safe Spaces for Dykes in Danger? Refugee Law’s Production of the Vulnerable Lesbian Subject’, in Sharron FitzGerald (ed.), Regulating the International Movement of Women: From Protection to Control (Routledge London, 2011), pp. 29–47.
- Toni A. M. Johnson, ‘On Silence, Sexuality and Skeletons: Reconceptualizing Narrative in Asylum Hearings’, Social & Legal Studies, 20, 1, 2011, 57-78.
Part 4: Ageing
- Nancy J. Knauer, ‘LGBT Elder Law: Toward Equity in Aging’, Harvard Journal of Law & Gender, 32, 2009, 1-58.
- Daniel Monk, 'Sexuality and Succession Law: Beyond Formal Equality', Feminist Legal Studies, 19, 3, 2011, 231-250.
Volume III: Recognising and Regulating Same-Sex Relationships
Part 5: Same Sex Marriage and Relationship Recognition
- Judith Butler, ‘Is Kinship Always Already Heterosexual?’ Differences, 13, 1, 2002, 14-44.
- Nan D. Hunter, ‘Marriage, Law and Gender: A Feminist Inquiry’, Law & Sexuality, 1, 1991, 9-30.
- Nancy D. Polikoff, ‘We Will Get What we Ask For: Why legalizing Gay Marriage will Not "Dismantle the Legal Structure of Gender in Every Marriage"’, Virginia Law Review, 79, 7, 1993, 1535-1550.
- Paula Ettelbrick, ‘Since When is Marriage a Path to Liberation?’ in Suzanne Sherman (ed.), Lesbian and Gay Marriage (Philadelphia, PA: Temple University Press, 1992), pp. 20-26.
- Rosemary Auchmuty, ‘Same-Sex Marriage Revived: Feminist Critique and Legal Strategy’, Feminism & Psychology, 14, 1, 2004, 101-126.
- Rosie Harding, ‘"Dogs are ‘Registered’, People Shouldn’t Be": Legal Consciousness and Lesbian and Gay Rights’, Social & Legal Studies, 15, 4, 2006, 511-533.
- Kees Waaldijk, ‘Small Change: How the Road to Same-Sex Marriage Got Paved in the Netherlands’, in R. Wintemute and M. Andenaes (eds), Legal Recognition of Same-sex Partnerships: A study of National, European and International Law (Oxford: Hart, 2001), pp. 437-464.
- John Eekelaar ‘Perceptions of Equality: The Road to Same-Sex Marriage in England and Wales’, International Journal of Law, Policy and the Family, 28, 1, 2014, 1-25.
- Elsje Bonthuys, ‘Possibilities Foreclosed: The Civil Union Act and Lesbian and Gay Identity in Southern Africa’, Sexualities, 11, 6, 2008, 726-739.
- Paul Johnson, ‘Marriage, Heteronormativity and the European Court of Human Rights: A Reappraisal’, International Journal of Law, Policy and the Family, 29, 2015, 56-77.
- Claire F. L. Young & Susan B. Boyd, ‘Losing the Feminist Voice? Debates on the legal recognition of Same-Sex Partnerships in Canada’, Feminist Legal Studies, 14, 2006, 213-240.
- Michael C. Dorf & Sidney Tarrow, ‘Strange Bedfellows: How an Anticipatory Countermovement Brought Same-Sex Marriage into the Public Arena’, Law & Social Inquiry 39, 2, 2014, 449-473.
- Sasha Roseneil & Shelley Budgeon, ‘Cultures of Intimacy and Care beyond ‘the Family’: Personal Life and Social Change in the Early 21st Century’, Current Sociology 52, 2004, 135-159.
- Christian Klesse, ‘Heteronormativity, Non-monogamy and the Marriage Debate in the Bisexual Movement’, Lesbian & Gay Psychology Review, 7, 2, 2006, 162-173.
- Hadar Aviram, ‘Make Love, Not Law: Perceptions of the Marriage Equality Struggle Among Polyamorous Activists’, Journal of Bisexuality, 7, 3/4, 2008, 261-286.
- Gillian Calder, ‘Penguins and Polyamory: Using Law and Film to Explore the Essence of Marriage in Canadian Family Law’, Canadian Journal of Women and the Law, 21, 1, 2009, 55-89.
- Alex Sharpe, ‘Transgender Marriage and the Legal Obligation to Disclose Gender History’, Modern Law Review, 75, 1, 2012, 33-53.
- Nicola Barker, ‘Of Outlaws and In-laws: The ‘Ambivalent Gift’ of Legal Legitimation’, in Not the Marrying Kind (London: Palgrave, 2012), pp. 164-197.
Volume 4: Contemporary Issues in Law and Sexuality Scholarship
Part 6: Families and Parenting
- Shelley M. Gavigan, ‘A Parent(ly) Knot: Can Heather have Two Mommies’, in D. Herman and C. F. Stychin (eds), Legal Inversions: Lesbians, Gay Men and the Politics of Law (Philadelphia: Temple University Press, 1995), pp. 102-117.
- Katherine Arnup, ‘Out in this World: The Social and Legal Context of Lesbian and Gay Families’, Journal of Gay & Lesbian Social Services, 10, 1, 1999, 1-26.
- Catherine Connolly, ‘The Voice of the Petitioner: The Sxperiences of Gay and Lesbian Parents in Successful Second-Parent Adoption Proceedings’, Law & Society Review, 36, 2, 2002, 325-346.
- Fiona Kelly, ‘Nuclear Norms or Fluid Families? Incorporating Lesbian and Gay Parents and their Children into Canadian Family Law’, Canadian Journal of Family Law, 21, 2004, 133-180.
- Julie McCandless & Sally Sheldon, ‘The Human Fertilization and Embryology Act (2008) and the Tenacity of the Sexual Family Form’, Modern Law Review, 73, 2, 2010, 175-207.
- Leanne Smith, ‘Tangling the Web of Legal Parenthood: Legal Responses to the Use of Known Donors in Lesbian Parenting Arrangements’, Legal Studies 33, 3, 2013, 355-381.
- Robert Leckey, ‘Two Mothers in Law and Fact’, Feminist Legal Studies, 21, 1, 2013, 1–19.
Part 7: Criminality and Sexuality
- Catherine Dodds, Adam Bourne and Matthew Weait, ‘Responses to Criminal Prosecutions for HIV Transmission among Gay Men with HIV in England and Wales’, Reproductive Health Matters, 17, 34, 2009, 135-145.
- Sharon Cowan, ‘To Buy or Not to Buy? Vulnerability and the Criminalisation of Commercial BDSM’, Feminist Legal Studies 20, 2012, 263–279.
- Emil Persson, ‘Banning "Homosexual Propaganda": Belonging and Visibility in Contemporary Russian Media’, Sexuality & Culture, 19, 2015, 256-274.
- Svati P. Shah, ‘Queering Critiques of Neoliberalism in India: Urbanism and Inequality in the Era of Transnational "LGBTQ" Rights’, Antipode, 47, 3, 2015, 635-651.
Part 8: International Human Rights
- Ignacio Saiz, ‘Bracketing Sexuality: Human Rights and Sexual Orientation: A Decade of Development and Denial at the UN’, Health and Human Rights, 7, 2, 2004, 48-80.
- Oliver Phillips, ‘Blackmail in Zimbabwe: Troubling Narratives of Sexuality and Human Rights’, International Journal of Human Rights, 13, 2/3, 2009, 345-364.
- Lydia Boyd, ‘The Problem with Freedom: Homosexuality and Human Rights in Uganda’, Anthropological Quarterly, 86, 3, 2013, 697-724.
- Diane Otto, ‘Between Pleasure and Danger: Lesbian Human Rights’, European Human Rights Law Review, 2014, 618-628.