5.6: Deep Dive - Books and Articles

Captive Genders: Trans Embodiment and the Prison Industrial Complex, edited by Eric A. Stanley and Nat Smith

This was the first book to address the legal challenges of incarcerated transgender and genderqueer people in the prison-industrial complex. Its second edition contains a foreword by CeCe McDonald and an essay by Chelsea Manning (Oakland, CA: AK Press, 2015).

Creating Change: Sexuality, Public Policy, and Civil Rights, edited by John D’Emilio, William B. Turner, and Urvashi Vaid

Documenting the history and impact of the gay and lesbian movement since Stonewall, this volume is edited by two pioneers in LGBT studies (D’Emilio and Turner) and a pioneer in LGBT public policy and activism (Vaid) (New York: St. Martin’s Press, 2000).

Evolution of Government Policy towards Homosexuality in the US Military: The Rise and Fall of DADT, edited by David A. Levy and James E. Parco

Originally published as a special issue of the Journal of Homosexuality, this book reviews the history, culture, attitudes, and impacts of policy evolution from the mid-twentieth century to the early twenty-first century by tracing the rise and fall of “Don’t Ask, Don’t Tell” (DADT) (New York: Routledge, 2014).

From the Closet to the Courtroom: Five LGBT Rights Lawsuits That Have Changed Our Nation, by Carlos A. Ball and Michael Bronski

Carlos A. Ball, a national LGBTQ+ rights expert, and Michael Bronski, an award-winning LGBTQ+ studies Harvard professor, provide a play-by-play account of the five pivotal LGBTQ+ rights lawsuits that overturned sodomy laws, legalized same-sex marriage, allowed gays and lesbians to serve openly in the military, and challenged harassment in educational environments and discrimination on the athletic field. Each case is explored in its sociohistorical context and the implications of each court decision discussed. It is the fourth book in the Queer Ideas/Queer Actions series (Boston, MA: Beacon Press, 2010).

HIV Criminalization in the United States: A Sourcebook on State and Federal HIV Criminal Law and Practice, from the Center for HIV Law and Policy

This sourcebook outlines punitive laws, policies, and cases affecting those living with HIV and other infectious diseases in U.S. states, the military, federal prisons, and U.S. territories. Frequently updated, the most recent version is at https://www.hivlawandpolicy.org/sourcebook.

“Homosexuals and the Death Penalty in Colonial America,” by Louis Crompton

This 1976 article from the Journal of Homosexuality (volume 1, number 3; https://digitalcommons.unl.edu/englishfacpubs/60/) is the first documentation of “sodomites” in colonial America and the laws based on Catholic and Protestant teachings to mark and punish them. The references and appendix will prove valuable to history and law students.

Judging the Epidemic: A Judicial Handbook on HIV, Human Rights and the Law, from Joint United Nations Programme on HIV/AIDS

This 2013 handbook covers the science and medicine of HIV; legal decisions that promote human rights in the context of HIV; criminal law and HIV disclosure, exposure, or transmission; sexual assault; drug laws and harm reduction and the rights of people who use drugs; women’s rights with respect to family and property law; HIV treatment and health care; human rights; and the criminalization of high-risk populations. It includes multiple international court cases and primary source documents (https://www.unaids.org/sites/default/files/media_asset/201305_Judging-epidemic_en_0.pdf.

The Legal Status of Intersex Persons, edited by Jens M. Scherpe, Anatol Dutta, and Tobias Helms

This comprehensive interdisciplinary volume covers all legal aspects of intersex people. Contributions include medical, psychological, and theological perspectives and national legal perspectives from Australia, Sweden, India, the Netherlands, France, Colombia, the United States, Malta, and Germany (Cambridge: Intersentia, 2018).

Protection of Sexual Minorities since Stonewall: Progress and Stalemate in Developed and Developing Countries, edited by Phil C. W. Chan

Previously published as a special double issue of The International Journal of Human Rights, this book examines the legal successes and challenges in countries on five continents concerning LGBTQ+ civil rights locally and internationally (New York: Routledge, 2010).

Queer (In)Justice: The Criminalization of LGBT People in the United States, by Joey L. Mogul, Andrea J. Ritchie, and Kay Whitlock

Winner of the 2011 PASS (Prevention for a Safer Society) Award from the National Council on Crime and Delinquency, the authors discuss the criminal legal system from a queer perspective, in which LGBTQ+ people are “suspects,” defendants, prisoners, and victims. The essays in this book argue that the policing of sexual orientation and gender reinforces racial and gender inequalities, as well as LGBTQ+ criminal stereotypes. The book is one of the Queer Ideas/Queer Action series. For an interview with the authors about the book, a free chapter, and additional LGBTQ+ criminal justice resources, visit https://clags.org/articles/uncovering-queer-injustice/ (Boston, MA: Beacon Press, 2012).

Queer Mobilizations: LGBT Activists Confront the Law, edited by Scott Barclay, Mary Bernstein, and Anna-Maria Marshall

Essays depict the LGBTQ+ civil rights movement and its impact on politics and organizing, legal studies, and public policy (New York: New York University Press, 2009).

The Straight State: Sexuality and Citizenship in Twentieth-Century America, by Margot Canaday

The award-winning Princeton University history professor Margot Canaday uses materials from the U.S. National Archives and Records Administration to show the progression of federal enforcement of sexual norms in immigration, the military, and welfare in the twentieth century that has rendered LGBTQ+ individuals as second-class citizens to this day (Princeton, NJ: Princeton University Press, 2010).

Transgender Employment Experiences: Gendered Perceptions and the Law, by Kyla Bender-Baird

Worker protections under the federal Civil Rights Act do not always apply for transgender people. From Bender-Baird’s interviews of twenty transgender people and analysis of legal case studies of employment discrimination, she recommends federal protections for gender expression in all policy decisions and legislative efforts and a multistep approach for tackling gender-based workplace discrimination for transgender employees. Students in management and human resource management, LGBTQ+ studies, and gender and women’s studies will find this book useful (Albany: State University of New York Press, 2011).

Transgender Rights, edited by Paisley Currah, Richard M. Juang, and Shannon Price Minter

Three decades of the transgender rights movement is captured in this compact but well-researched volume. Legal scholars, policy experts, transgender activists and advocates analyze and evaluate the successes, challenges, and opportunities for future mobilization and legal battles (Minneapolis: University of Minnesota Press, 2006).