LGBT Rights

Lambda Book Report

April 2005Legal briefs.BYLINE: Monifa, AkilahSECTION: Vol. 13, No. 9-10; Pg. 33; ISSN: 1048-9487LENGTH: 843 words

HIGHLIGHT:The Rights of Lesbians, Gay Men, Bisexuals, and Transgender PeopleThe Rights of Lesbians, Gay Men, Bisexuals, and Transgender People
By Nan Hunter, Courtney G. Joslin, and Sharon M. McGowan
Southern Illinois University Press
ISBN 0-8093-2518-7
PB, $17.00, 218 pp.

Sexual Rights in America: The Ninth Amendment and the Pursuit of Happiness
By Paul R. Abramson, Steven D. Pinkerton and Mark Huppin
New York University Press
ISBN 0-8147-0692-4
HB, $35.00, 227 pp.

Gay and Lesbian Rights in the United States: A Documentary History
Edited by Walter L. Williams and Yolanda Retter
Greenwood Press
ISBN 0-313-30696-6
HB, $49.95, 317 pp.

Books with the word "rights" in them are usually very academic, not accessible for reading and full of footnotes. These three books are certainly all academic in nature and tone, but are all accessible when read by non-academic types.The Rights of Lesbians, Gay Men, Bisexuals, and Transgender People, an ACLU guide, has the physical look of a law review. As I former law student, lawyer and then law professor, that's what I was expecting. But I was pleasantly surprised by the organization of this book. There are four parts: "Sexual Orientation and the State," which includes categories such as expression, the right not to be silent, criminal law, government employees, the military, and immigration "Civil Rights in the Private Sector," including information on employment in the private sector, housing and credit, and public accommodations "Families and Schools," with subcategories of relationships, parenting and youth and a catchall category, "Specialized Issues" which includes transgender people and people with HIV/AIDS.

The book contains good, sensible categories and subcategories that are then organized by simple questions and answers. It reads well cover to cover, and is a great tool if one wants to research a specific issue. There is also a good appendix that lists national and regional LGBT legal groups as well as an introduction to law and the legal system. The index is also quite handy. For example, if you look up "dancing" you are led to "civil rights in the public sector" and "public accommodations" and the question: "may a bar or club throw out two people of the same sex for dancing together? For displays of affection in public?"

Sexual Rights in America takes a narrower focus, concentrating, as the title implies, on the Ninth Amendment--its past history and future, while examining sex and the Constitution in general, as well as other issues like "dial-a-porn" and child pornography. The authors note that although sex is not specifically mentioned in the Constitution, the "pursuit of happiness" amendment is often used in interpretation to cover these areas. The authors think that this catch-all amendment was envisioned by the founding fathers to allow for sexual rights. The book is a mix of psychology and law all of the authors have a background in psychology or psychiatry and one has a law background.

The last book of the trio, Gay and Lesbian Rights in the United States, is, as the subtitle states, a "documentary history." It examines documents in both American history and contemporary issues. The book is divided both chronologically and in subjects: clash of religions life, liberty and the pursuit of happiness: the development of a homophile identity in the United States, 1775-1950 civil rights and civil liberties: the making of a gay and lesbian movement in the United States, 1950-1977 backlash: the reaction to gay and lesbian progress in the United States, 1977-1987 and queer America: the acceptance of sexual and gender diversity in the United States, 1987-2000.

The documents are articles, books, court cases, oral histories, excerpts from speeches and the like. Chronicles begin in 1930, with an anthropologist examining Native American attitudes toward transvestites and so-called hermaphrodites.

The editors certainly achieve their objective of a "mix of voices representing a cross section of generations, ethnicities, classes, religions, races, occupations, ideologies, and genders. "Ultimately they fail to tell a coherent story and I'm not certain that they hit their other objective to "clarify the controversy over gay and lesbian rights in the United States." They most certainly have provided a wealth of information, but that's just it. The information is provided as fact, and the editors don't take a clear stance in helping illuminate anything.
There is no doubt that all three books make wonderful reference tools and provide good information. And certainly all of the books cover different areas, but the The Rights of Lesbians, Gay Men, Bisexuals, and Transgender People wins top honors for information, organization and readability.

Reviewed by Akilah Monifa

Akilah Monifa is a freelance writer in Oakland, Calif.