Homosexuality and the Constitution Book

Protected by the constitution, but against the law

While the protection of individual liberties is a recurring theme in American law, a tradition of intolerance for sexuality that varies from the perceived norm is deeply imbedded in American culture. At the founding of the United States, every state prohibited sexual intimacy between persons of the same sex.

Fighting for rights in the courts

Today, a small but significant percentage of the population identifies itself as lesbian, gay, or bisexual, and asserts rights of full participation in society. They have initiated numerous lawsuits questioning the constitutionality of sexual discrimination on the basis of personal privacy, equal protection, and freedom of association. They have challenged exclusion from public employment on procedural due process and equal protection grounds. They have asserted rights to equal participation in public life, relying on the freedoms of speech, association, and equal protection. And they have asserted claims to equal protection in family life, including same-sex marriage and custody and visitation of children.

Spotlights important and commentaries

This four-volume set examines the areas of constitutional law in which courts have addressed claims of equal treatment by lesbians, gay men, and bisexuals. Each volume begins with an introductory essay providing historical background and a summary of the most significant developments in constitutional law relating to the themes of the volume. The full text of important cases and significant law journal commentaries informs about the constitutional principles and the legal theories proposed to deal with the claims of homosexual litigants.