Carlos A. Ball - Böcker

Same-Sex Marriage and Children is the first book to bring together historical, social science, and legal considerations to comprehensively respond to the objections to same-sex marriage that are based on the need to promote so-called "responsible procreation" and child welfare. Carlos A. Ball places the current marriage debates within a broader historical context by exploring how the procreative and child welfare claims used to try to deny same-sex couples the opportunity to marry are similar to earlier arguments used to defend interracial marriage bans, laws prohibiting disabled individuals from marrying, and the differential treatment of children born out of wedlock. Ball also draws a link between welfare reform and same-sex marriage bans by explaining how conservative proponents have defended both based on the need for the government to promote responsible procreation among heterosexuals. In addition, Ball examines the social science studies relied on by opponents of same-sex marriage and explains in a highly engaging and accessible way why they do not support the contention that biological status and parental gender matter when it comes to parenting. He also explores the relevance of the social science studies on the children of lesbians and gay men to the question of whether same-sex couples have a constitutional right to marry. In doing so, the book looks closely at the gay marriage cases that reached the Supreme Court and explains why the constitutionality of same-sex marriage bans could not be defended on the basis that maintaining marriage as an exclusively heterosexual institution promoted the best interests of children. Same-Sex Marriage and Children will help lawyers, law professors, judges, legislators, social and political scientists, historians, and child welfare officials-as well as general readers interested in matters related to marriage and families-understand the empirical and legal issues behind the intersection of same-sex marriage and children's welfare.

Progressives who opposed the Trump administration's policies found themselves repeatedly relying on constitutional principles grounded in federalism, separation of powers, and free speech to resist the federal government. Although many progressives had either criticized or underemphasized those principles before Trump, the principles became vital to progressive causes after Trump was elected. Using dozens of examples from the ways in which Trump abused presidential powers, this book explains how the three sets of principles can help mitigate the harms that autocratic leaders in the Trump mold can inflict on both democratic institutions and vulnerable minorities. In doing so, the book urges progressives to follow this rule of thumb in the post-Trump era: If a constitutional principle was worth deploying to resist Trump's harmful policies and autocratic governance, then it is worth defending in the post-Trump era even if it makes the short-term attainment of progressive objectives more difficult. This type of principled constitutionalism is essential not only because being principled is good in and of itself, but also because being principled in matters related to federalism, separation of powers, and free speech will help both advance progressive causes over the long run and reduce the threats posed by future autocratic leaders in the Trump mold to our system of self-governance, to our democratic values, and to traditionally subordinated minorities. Going forward, progressives should promote and defend constitutional principles grounded in federalism, separation of powers, and free speech regardless of whether they have an ally or an opponent in the White House.

Same-Sex Marriage and Children is the first book to bring together historical, social science, and legal considerations to comprehensively respond to the objections to same-sex marriage that are based on the need to promote so-called "responsible procreation" and child welfare. Carlos A. Ball places the current marriage debates within a broader historical context by exploring how the procreative and child welfare claims used to try to deny same-sex couples the opportunity to marry are similar to earlier arguments used to defend interracial marriage bans, laws prohibiting disabled individuals from marrying, and the differential treatment of children born out of wedlock. Ball also draws a link between welfare reform and same-sex marriage bans by explaining how conservative proponents have defended both based on the need for the government to promote responsible procreation among heterosexuals. In addition, Ball examines the social science studies relied on by opponents of same-sex marriage and explains in a highly engaging and accessible way why they do not support the contention that biological status and parental gender matter when it comes to parenting. He also explores the relevance of the social science studies on the children of lesbians and gay men to the question of whether same-sex couples have a constitutional right to marry. In doing so, the book looks closely at the gay marriage cases that recently reached the Supreme Court and explains why the constitutionality of same-sex marriage bans cannot be defended on the basis that maintaining marriage as an exclusively heterosexual institution helps to promote the best interests of children. Same-Sex Marriage and Children will help lawyers, law professors, judges, legislators, social and political scientists, historians, and child welfare officials-as well as general readers interested in matters related to marriage and families-understand the empirical and legal issues behind the intersection of same-sex marriage and children's welfare.

Conservative opponents of LGBT equality in the United States often couch their opposition in claims of free speech, free association, and religious liberty. It is no surprise, then, that many LGBT supporters equate First Amendment arguments with resistance to their cause. The First Amendment and LGBT Equality tells another story, about the First Amendment’s crucial yet largely forgotten role in the first few decades of the gay rights movement.Between the 1950s and 1980s, when many courts were still openly hostile to sexual minorities, they nonetheless recognized the freedom of gay and lesbian people to express themselves and associate with one another. Successful First Amendment cases protected LGBT publications and organizations, protests and parades, and individuals’ right to come out. The amendment was wielded by the other side only after it had laid the groundwork for major LGBT equality victories.Carlos A. Ball illuminates the full trajectory of this legal and cultural history. He argues that, in accommodating those who dissent from LGBT equality on grounds of conscience, it is neither necessary nor appropriate to depart from the established ways in which American antidiscrimination law has, for decades, accommodated equality dissenters. But he also argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents today, they should take care not to erode the very safeguards of liberty that allowed LGBT rights to exist in the first place.

The Right to beParents is the first book to provide a detailed history of how LGBT parentshave turned to the courts to protect and defend their relationships with theirchildren. Carlos A. Ball chronicles the stories of LGBT parents who, in seekingto gain legal recognition of and protection for their relationships with theirchildren, have fundamentally changed how American law defines and regulatesparenthood. To this day, some courts are still not able to look beyond sexualorientation and gender identity in cases involving LGBT parents and theirchildren. Yet on the whole, Ball's stories are of progress and transformation:as a result of these pioneering LGBT parent litigants, the law is increasinglyrecognizing the wide diversity in American familial structures.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This timely Advanced Introduction examines the legal issues, principles and doctrines surrounding contemporary struggles for LGBTQ+ rights. Carlos A. Ball analyzes key constitutional provisions, statutory reforms and judicial rulings from both western and non-western countries, detailing successes and failures in the promotion of LGBTQ+ equality across the globe.Key Features:Explores constitutional equality, privacy and free expression issuesExamines the legal regulation of discrimination, hate crimes and “conversion therapies”Emphasizes the role of the right to free speech and association in achieving LGBTQ+ equalityInvestigates family law questions, including domestic partnership laws, marriage equality and parenting rightsDiscusses ongoing transgender rights issues, namely healthcare restrictions, bathroom laws, athletic competition bans and the legal recognition of genderScholars and students of constitutional law, comparative law, family law, human rights law, political science and sociology will greatly benefit from this book’s timely insights. It is also a valuable resource for policymakers and legal practitioners seeking to understand various LGBTQ+ issues that are receiving increasing media and political attention.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This timely Advanced Introduction examines the legal issues, principles and doctrines surrounding contemporary struggles for LGBTQ+ rights. Carlos A. Ball analyzes key constitutional provisions, statutory reforms and judicial rulings from both western and non-western countries, detailing successes and failures in the promotion of LGBTQ+ equality across the globe.Key Features:Explores constitutional equality, privacy and free expression issuesExamines the legal regulation of discrimination, hate crimes and “conversion therapies”Emphasizes the role of the right to free speech and association in achieving LGBTQ+ equalityInvestigates family law questions, including domestic partnership laws, marriage equality and parenting rightsDiscusses ongoing transgender rights issues, namely healthcare restrictions, bathroom laws, athletic competition bans and the legal recognition of genderScholars and students of constitutional law, comparative law, family law, human rights law, political science and sociology will greatly benefit from this book’s timely insights. It is also a valuable resource for policymakers and legal practitioners seeking to understand various LGBTQ+ issues that are receiving increasing media and political attention.

Examines the impact of marriage equality on the future of LGBT rightsIn persuading the Supreme Court that same-sex couples have a constitutional right to marry, the LGBT rights movement has achieved its most important objective of the last few decades. Throughout its history, the marriage equality movement has been criticized by those who believe marriage rights were a conservative cause overshadowing a host of more important issues. Now that nationwide marriage equality is a reality, everyone who cares about LGBT rights must grapple with how best to promote the interests of sexual and gender identity minorities in a society that permits same-sex couples to marry. This book brings together 12 original essays by leading scholars of law, politics, and society to address the most important question facing the LGBT movement today: What does marriage equality mean for the future of LGBT rights?After Marriage Equality explores crucial and wide-ranging social, political, and legal issues confronting the LGBT movement, including the impact of marriage equality on political activism and mobilization, antidiscrimination laws, transgender rights, LGBT elders, parenting laws and policies, religious liberty, sexual autonomy, and gender and race differences. The book also looks at how LGBT movements in other nations have responded to the recognition of same-sex marriages, and what we might emulate or adjust in our own advocacy. Aiming to spark discussion and further debate regarding the challenges and possibilities of the LGBT movement's future, After Marriage Equality will be of interest to anyone who cares about the future of sexual equality.

The Right to beParents is the first book to provide a detailed history of how LGBT parentshave turned to the courts to protect and defend their relationships with theirchildren. Carlos A. Ball chronicles the stories of LGBT parents who, in seekingto gain legal recognition of and protection for their relationships with theirchildren, have fundamentally changed how American law defines and regulatesparenthood. To this day, some courts are still not able to look beyond sexualorientation and gender identity in cases involving LGBT parents and theirchildren. Yet on the whole, Ball's stories are of progress and transformation:as a result of these pioneering LGBT parent litigants, the law is increasinglyrecognizing the wide diversity in American familial structures.