History 397LEH - ST-Lib/Equl:Hist/LGBTLaws,Hons

The last fifteen years have seen incredible legal victories for lesbian, gay, bisexual, and transgender (LBGT) people in the United States, from the decriminalization of same sex sexual activity to gay marriage. And yet, in most states, it remains legal to discriminate on the basis of sexual orientation and gender identity in employment, housing, and public accommodations and LGBT people still experience violence in their families, on the streets, and in schools. This course will examine the history of LGBT people in the United States through the lens of the law. We will explore a host of legal issues facing LGBT people in the last fifty years, such as sodomy laws, employment discrimination, school bullying, health law issues, particularly those related to HIV/AIDS and transgender health care, and family law issues, such as child custody, adoption, and marriage. Some questions we might consider include: When and why have LGBT people turned to the courts or legislatures for redress of legal grievances and to what success? What claims have LGBT people made for legal protection and how has it mattered whether these claims have been based on equality, liberty, or privacy arguments? In what ways has the use of "the law" by the LGBT movement to achieve social justice been different from and similar to other "rights" movements, such as the civil rights movement, the women?s rights movement, and the disability rights movement? What conflicts have arisen over legal goals and strategies between the LGBT "movement" and LGBT people? What role have lawyers historically played in advancing (or constraining) the goals of the LGBT movement and how effective has litigation been in securing these rights? Does (or will) legal equality for LGBT people mean justice or liberation for LGBT people? How has the lived legal experience of LGBT people differed on the basis of other social and legal categories, such as sex, gender, race, class, ability, or immigration or incarceration status? What new legal issues are on the horizon for the LGBT movement, particularly involving trans and intersexed people?

This course is open to Senior, Junior, and Sophmore Commonwealth College students only. Non-Honors students are welcome but must contact professor via email for permission to enroll. Prior law related coursework helpful but not required.