Beyond Marriage by
In this book, Susan Gluck Mezey examines LGBT policymaking over the last several decades, highlighting advances in LGBT rights as well as formidable challenges that still confront the LGBT community. With an emphasis on courts, she traces developments in the struggles for LGBT rights in the United States and abroad. The chapters focus on employment discrimination, transgender rights, marriage equality, and the ongoing battles over discrimination against same-sex couples and transgender persons in education, employment, and public accommodations. It also adds a global perspective by appraising issues affecting LGBT rights in other parts of the world, discussing claims of discrimination in the Canadian and South African courts as well as in the European Court of Human Rights. Mezey provides a succinct and accessible guide to the debates over sexual orientation and gender identity, evaluating the roles played by state and federal courts, legislatures, and chief executives in formulating and implementing LGBT policy. Suitable as an up-to-date resource for anyone interested in LGBT rights, Beyond Marriage will also help students in upper-level classes focusing on judicial politics, public policymaking, family law, civil rights, gender policy, and minority group politics understand ways forward for the LGBT community in the political realm.
The Legal Status of Transsexual and Transgender Persons by
The need to allow a change of legal sex/gender in certain cases is no longer disputed in most jurisdictions, and for European countries there is no question as to whether such a change should be allowed after the decision of the European Court of Human Rights in Goodwin v. United Kingdom (Application no. 28957/95). The question has therefore shifted to what the requirements for such a change of the legal sex/gender should be. Many jurisdictions have legislated or developed an administrative approach to changing sex/gender, but the requirements differ significantly from jurisdiction to jurisdiction, particularly with regard to age, nationality and marital status, as well as the medical and psychological requirements. The latter in some jurisdictions still include surgery and sterility as a precondition, thus potentially forcing the persons concerned to choose between the recognition of their sex/gender identity and their physical integrity.The book also examines questions that are thus far under-researched, namely what the full legal consequences of a change of legal sex/gender should be, for example with regard to existing legal relationships such as marriages and registered partnerships, but also concerning children and parentage.The Legal Status of Transsexual and Transgender Persons is the result of an international research project, including not only national reports from 14 European and non-European jurisdictions but also two chapters that look at legal sex/gender changes from a Christian perspective and one chapter from a medical-psychological perspective. The final comparative chapter compares and contrasts the different approaches and requirements and makes recommendations for best practice and law reform.
Refugee Status Claims Based on Sexual Orientation and Gender Identity by
The practitioners' guide is intended to provide both legal and practical interpretative guidance on those types of refugee claims to: legal practitioners representing individuals; others who assist refugee claimants, whether in a professional or voluntary capacity, including members of non-governmental organizations; decision-makers within refugee status determination authorities and members of the judiciary presiding over claims to refugee status; officials within government departments issuing asylum policy guidance and instructions; UNHCR officials both within the Division of International Protection and those who carry out refugee status determination under the agency's Statute; and refugee claimants themselves.
Sexual Orientation, Gender Identity, and the Law in a Nutshell by
This Nutshell presents a very timely overview of legal topics relating to sexual orientation, gender identity and the law. Topics covered include: regulation of sexuality, gender identity and expression, parenthood, marriage, United States military, nondiscrimination statutes and ordinances, freedom of expression, freedom of association, and religious freedom. Discussion includes developments at the federal, state and local level. Statutes discussed include Title VII of the Civil Rights Act of 1964; Title IX; the Fair Housing Act; the Affordable Care Act; Don't Ask, Don't Tell; Defense of Marriage Act, as well as some of the anti-LGBT rights measures that have been adopted in various states.
Beyond Marriage by
In this book, Susan Gluck Mezey examines LGBT policymaking over the last several decades, highlighting advances in LGBT rights as well as formidable challenges that still confront the LGBT community. With an emphasis on courts, she traces developments in the struggles for LGBT rights in the United States and abroad. The chapters focus on employment discrimination, transgender rights, marriage equality, and the ongoing battles over discrimination against same-sex couples and transgender persons in education, employment, and public accommodations. It also adds a global perspective by appraising issues affecting LGBT rights in other parts of the world, discussing claims of discrimination in the Canadian and South African courts as well as in the European Court of Human Rights. Mezey provides a succinct and accessible guide to the debates over sexual orientation and gender identity, evaluating the roles played by state and federal courts, legislatures, and chief executives in formulating and implementing LGBT policy. Suitable as an up-to-date resource for anyone interested in LGBT rights, Beyond Marriage will also help students in upper-level classes focusing on judicial politics, public policymaking, family law, civil rights, gender policy, and minority group politics understand ways forward for the LGBT community in the political realm.
Estate Planning for Same-Sex Couples by
Estate planning is more than deciding how an estate will be divided post-mortem. Sure that is a part of it, but the other part is .life planning. The key is honing in on the best way to protect your clients' interests during their lifetime. This new edition of Estate Planning for Same-Sex Couples by award-winning author Joan M. Burda attempts to address certain struggles for equality and how these issues affect estate planning for LGBT clients. For example, not all same-sex couples get married. This book will help lawyers better represent their clients as they address the present as well as future needs of their clientele."
A Legal Guide for Lesbian and Gay Couples by
Protect yourself and your loved one with sound legal planning Gay and lesbian couples have gained a lot of legal ground in recent years. Although same-sex marriage is now legal across the U.S.,laws governing civil unions and domestic partnerships vary from state to state. So it's still important to define and protect your relationship in the eyes of the law--and A Legal Guide for Lesbian & Gay Couples can help. This plain-English guide shows you how to: structure your relationship with a contract jointly buy a house or other property make practical decisions about living together, marrying, or registering as legal partners make a will or living trust make medical decisions for each other if needed have and raise children through adoption, donors, surrogacy, or foster parenting, and deal with the end of a relationship. The 18th edition is completely revised to provide the latest on same-sex marriage, domestic partnerships, and civil unions, and new information regarding parentage laws. All forms are now downloadable via a special link at nolo.com.
The Legal Status of Intersex Persons by
The Legal Status of Intersex Persons provides a basis for discussion regarding all legal aspects concerning persons born with sex characteristics that do not belong strictly to male or female categories, or that belong to both at the same time. It contains contributions from medical, psychological and theological perspectives, as well as national legal perspectives from Germany, Australia, India, the Netherlands, Columbia, Sweden, France and the USA. It explores international human rights aspects of intersex legal recognition and also features chapters on private international law and legal history.The book is a timely one. Until very recently, the legal gender of a person both at birth and later in life in virtually all jurisdictions had to be recorded as either male or female; the laws simply did not allow any other option, and, in many cases, changing the recorded gender was difficult or impossible. However, there are many cases where this gender binary is unable to capture the reality of a persons physical presentation and/or perception of self. Consequently, this gender binary is increasingly being challenged and several jurisdictions have begun to reform their gender status laws.For example, in 2013 Germany became the first Western jurisdiction in modern times to introduce legislation allowing a person's gender to be recorded as 'indeterminate' at birth and thus give them a legal gender status other than male or female for all intents and purposes. However, this legislation has proved problematic in many ways and rightly was subject to pertinent criticism. In 2017 the German Constitutional Court then held that these rules were in violation of the German constitution as they only allowed a non-recognition, as opposed to a positive recognition of a gender other than male or female, and mandated law reform. Similarly, the Austria Constitutional Court held in June 2018 that current civil status laws had to be interpreted to allow registration of alternative gender identities. Therefore, two European jurisdictions will now have legal gender recognition beyond the binary.This book looks at law reform taking place around the world, with diverse perspectives from relevant fields, to provide the reader with a comprehensive analysis of the legal status of intersex persons and related issues.
The Right to Be Out by
An updated edition of this measured, practical, and timely guide to LGBT rights and issues for educators and school officials With ongoing battles over transgender rights, bullying cases in the news almost daily, and marriage equality only recently the law of the land, the information in The Right to Be Out could not be more timely or welcome. In an updated second edition that explores the altered legal terrain of LGBT rights for students and educators, Stuart Biegel offers expert guidance on the most challenging concerns in this fraught context. Taking up the pertinent questions likely to arise regarding curriculum and pedagogy in the classroom, school sports, and transgender issues, Biegel reviews the dramatic legal developments of the past decades, identifies the principles at work, and analyzes the policy considerations that result from these changes. Central to his work is an understanding of the social, political, and personal tensions regarding the nature and extent of the right to be out, which includes both the First Amendment right to express an identity and the Fourteenth Amendment right to be treated equally. Acknowledging that LGBT issues affect people of every sexual orientation and gender identity, Biegel provides a road map of viable strategies for school officials and educators. The Right to Be Out, informed by the latest research-based findings, advances the proposition that a safe and supportive educational environment, built upon shared values and geared toward a greater appreciation of our pluralistic society, can lead to a better world for everyone.
Sexual Orientation, Gender Identity, and the Law in a Nutshell by
This Nutshell presents a very timely overview of legal topics relating to sexual orientation, gender identity and the law. Topics covered include: regulation of sexuality, gender identity and expression, parenthood, marriage, United States military, nondiscrimination statutes and ordinances, freedom of expression, freedom of association, and religious freedom. Discussion includes developments at the federal, state and local level. Statutes discussed include Title VII of the Civil Rights Act of 1964; Title IX; the Fair Housing Act; the Affordable Care Act; Don't Ask, Don't Tell; Defense of Marriage Act, as well as some of the anti-LGBT rights measures that have been adopted in various states.
Transgender Persons and the Law by
This straightforward and informative groundbreaking book is intended to educate and inform practitioners on the various laws and landmark court cases involving transgendered individuals in a number of legal situations, including housing, veterans benefits, family law, health care, employment, criminal justice, and much more. It also discusses the myriad legal documents transgendered persons need to understand before filling out paperwork in order to change ones name, birth certificate, and gender identification.
