By Ellen Ann Andersen
“An first-class e-book, enlightening and well-written. Out of the Closets and into the Courts may be hugely important within the school room and of curiosity to a vast audience.”
--Evan Gerstmann, Loyola Marymount University
“A exact ancient research of adjustments within the legislation surrounding homosexual and lesbian relationships, Out of the Closets and into the Courts additionally breaks clean floor in brooding about how and while legislations can be utilized to impact social switch. the concept that of a criminal chance constitution, which enhances the concept that of political chance constitution, proves to be very important in interpreting judicial alterations within the legislations. a really striking analysis.”
--Mayer Zald, Professor Emeritus, collage of Michigan
“Ellen Andersen's e-book integrates refined sociolegal conception and thorough empirical study right into a compelling, insightful research of felony mobilization campaigns led by way of the Lambda criminal protection and schooling Fund. This research makes an important contribution to scholarship approximately struggles over homosexual rights within the U.S. and approximately criminal reform politics in general.”
--Michael McCann, college of Washington
Ellen Ann Andersen is Assistant Professor of Political technology at Indiana University-Purdue collage Indianapolis.
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Extra info for Out of the Closets and into the Courts: Legal Opportunity Structure and Gay Rights Litigation
A good factual case for a sodomy challenge might involve someone arrested for engaging in consensual same-sex sex in the privacy of his own home (a place where privacy is constitutionally protected). A bad factual case, on the other hand, might involve someone arrested for sodomy whose sexual activity had occurred in a public location such as a park (where privacy is not constitutionally protected). Many of Lambda’s earliest requests for assistance fell into this latter category and so were rejected as potential test cases.
In the words of then–senator Kenneth Wherry: “You can’t hardly separate homosexuals from subversives. . Mind you, I don’t say every homosexual is a subversive, and I don’t say every subversive is a homosexual. But [people] of low morality are a menace in the government, whatever [they are], and they are all tied up together” (quoted in Faderman 1991, 143). Despite—and perhaps because of—the pervasive climate of hostility, lgb people rarely challenged the treatment they received at the hands of police, employers, and government in general.
Others were calls from people with legal problems but whose claim was marred by bad facts. The notion of good and bad facts can be a bit dif‹cult to de‹ne, but perhaps the simplest way to conceptualize it is to say that good facts make the harm suffered by a potential client seem more obvious or more egregious while bad facts make the harm seem less obvious or egregious. For example, Lambda was very interested in attacking the constitutionality of sodomy laws, believing that they violated the fundamental right to privacy established by Griswold and its progeny.
Out of the Closets and into the Courts: Legal Opportunity Structure and Gay Rights Litigation by Ellen Ann Andersen