'The Constitution [of India] has within it the ability to produce social catharsis...' At 12.12 p.m. on 6 September 2018, the Supreme Court of India created history by reading down Section 377 - reversing an archaic law laid down by the British in 1860 and decriminalizing homosexuality for the first time in modern India. Yet, this is not the only ruling that the Supreme Court has made in recent times championing the rights of an individual to her or his identity and dignity. From empowering the transgender community and lending teeth to the prevention of sexual harassment of women at the workplace, to protecting the privacy, rights and dignity of women and minorities on issues such as interfaith marriages, entering the Sabarimala temple, the controversial triple talaq and the striking down of the adultery law - the highest court of the land has firmly placed the individual at the centre of the constitutional firmament, and set a course for progressive societal reform. This remarkable collection of writings by legal luminaries is the only book to offer sharp insights into each of these crucial rulings. Justice M.B. Lokur writes on the issues that affect the transgender community; Justice B.D. Ahmed elucidates on Muslim law in the modern context; and Justice A.K. Sikri addresses the fundamental concept of dignity, which binds together all the essays in this book. Some of the best-known names in Indian law - Mukul Rohatgi, Madhavi Divan, Menaka Guruswamy, Arundhati Katju and Saurabh Kirpal - offer legal perspectives of judgements on sex, sexuality and gender. From petitioners like Ritu Dalmia, Keshav Suri and Zainab Patel, we hear personal narratives of being a part of the LGBTQ community in India, while journalist Namita Bhandare provides a powerful account of the struggle against sexual harassment. An unprecedented documentation of the rulings that have set a standard for the rights and liberties of sexual minorities and women in India, Sex and the Supreme Court is also an invaluable record for posterity - for it reveals the power of the country's courts to uphold the privacy, dignity and safety of its citizens.

A New York Times Book Review Editors’ Choice Selection A “volume of lasting significance” that illuminates how the clash between sex and religion has defined our nation’s history (Lee C. Bollinger, president, Columbia University). Lauded for “bringing a bracing and much-needed dose of reality about the Founders’ views of sexuality” (New York Review of Books), Geoffrey R. Stone’s Sex and the Constitution traces the evolution of legal and moral codes that have legislated sexual behavior from America’s earliest days to today’s fractious political climate. This “fascinating and maddening” (Pittsburgh Post-Gazette) narrative shows how agitators, moralists, and, especially, the justices of the Supreme Court have navigated issues as divisive as abortion, homosexuality, pornography, and contraception. Overturning a raft of contemporary shibboleths, Stone reveals that at the time the Constitution was adopted there were no laws against obscenity or abortion before the midpoint of pregnancy. A pageant of historical characters, including Voltaire, Thomas Jefferson, Anthony Comstock, Margaret Sanger, and Justice Anthony Kennedy, enliven this “commanding synthesis of scholarship” (Publishers Weekly) that dramatically reveals how our laws about sex, religion, and morality reflect the cultural schisms that have cleaved our nation from its founding.

Same-sex marriage has become one of the defining social issues in contemporary U.S. politics. State court decisions finding in favor of same-sex relationship equality claims have been central to the issue's ascent from nowhere to near the top of the national political agenda. Same Sex Marriage in the United States tells the story of the legal and cultural shift, its backlash, and how it has evolved over the past 15 years. This book aids in a classroom examination of the legal, political, and social developments surrounding the issue of same-sex marriage in the United States. While books about same-sex marriage have proliferated in recent years, few, if any, have provided a clear and comprehensive account of the litigation for same-sex marriage, and its successes and failures, as this book does. Updated through 2013, this edition details the watershed rulings in favor of same-sex marriage: the Supreme Court's June 26th repeal of DOMA, and of Proposition 8 in California, as well as the many states (New Jersey, Illinois, New Mexico, Hawaii, and Nevada among others) where activists and public leaders have made recent strides to ensure that gay couples have an equal right to marry.

Personal rights, such as the right to procreate - or not -and the right to die generate endless debate. This book maps out the legal, political, and ethical issues swirling around personal rights.

When Deputy Joseph Richard Quinn and three other veteran Harris County, Texas, sheriff's deputies with guns drawn, burst into an apartment the night of September 17, 1998, searching for a black male with a gun, their shocking discovery in the back bedroom triggered a chain of events resulting in a 2003 U. S. Supreme Court decision in Lawrence v. Texas that state laws criminalizing consensual, adult sodomy are unconstitutional. The landmark Lawrence ruling is the trigger event kicking away roadblocks to gay marriage. Lawrence remains in headlines today, in a larger cultural war, over adoption, employee benefits, the military's Don't Ask Don't Tell policy, and related issues of judicial activism.

A compelling look at ten of the most important Supreme Court cases defining women’s rights on the job, as told by the brave women who brought the cases to court

From the national legal director of the ACLU, an essential guidebook for anyone seeking to stand up for fundamental civil liberties and rights One of Washington Post's Notable Nonfiction Books of 2016 In an age of executive overreach, what role do American citizens have in safeguarding our Constitution and defending liberty? Must we rely on the federal courts, and the Supreme Court above all, to protect our rights? In Engines of Liberty, the esteemed legal scholar David Cole argues that we all have a part to play in the grand civic dramas of our era -- and in a revised introduction and conclusion, he proposes specific tactics for fighting Donald Trump's policies. Examining the most successful rights movements of the last thirty years, Cole reveals how groups of ordinary Americans confronting long odds have managed, time and time again, to convince the courts to grant new rights and protect existing ones. Engines of Liberty is a fundamentally new explanation of how our Constitution works and the part citizens play in it.

Now with a new epilogue-- an unprecedented and unwavering history of the Supreme Court showing how its decisions have consistently favored the moneyed and powerful. Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception, the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law. The Court was the midwife of Jim Crow, the right hand of union busters, and the dead hand of the Confederacy. Nor is the modern Court a vast improvement, with its incursions on voting rights and its willingness to place elections for sale. In this powerful indictment of a venerated institution, Ian Millhiser tells the history of the Supreme Court through the eyes of the everyday people who have suffered the most from it. America ratified three constitutional amendments to provide equal rights to freed slaves, but the justices spent thirty years largely dismantling these amendments. Then they spent the next forty years rewriting them into a shield for the wealthy and the powerful. In the Warren era and the few years following it, progressive justices restored the Constitution's promises of equality, free speech, and fair justice for the accused. But, Millhiser contends, that was an historic accident. Indeed, if it weren't for several unpredictable events, Brown v. Board of Education could have gone the other way. In Injustices, Millhiser argues that the Supreme Court has seized power for itself that rightfully belongs to the people's elected representatives, and has bent the arc of American history away from justice.

In this carefully researched and finely written work, Jeremy Seabrook deals with subjects rarely discussed in Western narratives about South Asia. Going beyond a straightforward contextualisation of the gatoei (lady-boys) in Thailand and the hijara (eunuchs) of India, he unravels the less familiar and more complex territory of homosexual and homoerotic encounters in general, and asks how valid Western models of sexual identity are in the South Asian context, and how effective they might be in dealing with global issues of sexual health, HIV awareness and gender politics. Much of the book is based on interviews which reveal the extent of the complexity at play: wives who traditionally vacate the marital bed to accommodate their husbands' friends; kotis—"passive" male sex partners of men—many of whom will be married but see their relations with the kotis as fulfilling their destinies as males; the fundamentalist politicians who curse the Western influence of "gay liberation" and continue to justify the punishment of life imprisonment for homosexuality; and the activist groups who are working towards a clearer and more helpful understanding of contemporary issues. The first work of its kind on India, Love in a Different Climate reveals how a traditional shrouding in mystery of sexual difference is slowly but surely giving way to a more open and essentially local celebration of that difference.

When legal scholars or judges approach the subject of sexuality, they are often constrained by existing theoretical frameworks. For instance, queer theorists typically focus on sexual liberty but tend not to consider issues such as sexual violence. Feminist theories focus on violence but often don’t give recognition to the joy of sexuality. To assess the possibility of devising a legal theory of sexuality that can ensure equality without assimilation, diversity without exclusion, and liberty without suffering, Elaine Craig examines the Supreme Court of Canada’s approach to sexuality in cases that range from sexual violence to discrimination based on orientation. Although the Court continues to hold an essentialist understanding of sexuality that renders certain harms invisible, its feminist-inspired approach to sexual violence recognizes the socially constructed nature of sexuality and produces legal reasoning that promotes sexual integrity as a common interest. Blending feminist theory with the inclusiveness of queer theory, Craig advances an iconoclastic approach to law and sexuality that has the power to transform both theory and practice.