Latest & Greatest - Sexual Orientation and the Law

Edited by Karen Moulding in conjunction with National Lawyers Guild Lesbian, Gay, Bisexual Rights Committee

Published by Thomson Reuters (2015-2016)

KF 4754.5 .S49 2012

As the country is still reeling from the recent tragedy in Orlando and as the issue of LGBT equality and civil rights continues to rise to the forefront of the nation’s conscience, the Harris County Law Library would like to draw attention to a title of importance for this subject: Sexual Orientation and the Law. Though not new to our collection, Sexual Orientation and the Law attempts to capture all of the legal issues and the changes in the law that bear upon the LGBT community. The legalization of same-sex marriage has had a profound effect on many areas of the law, but none more remarkable than those affecting the family. Courts have been looking differently at issues involving custody, parentage, and adoption in addition to matters involving unmarried partners, and this two-volume set takes a comprehensive look at each aspect of this developing area of law.

Of concern as well is the sexual orientation issue as it arises in the course of employment and military service. The authors address discrimination and sexual harassment in the workplace, strategies for obtaining domestic partnership benefits, and military discharge reviews. The authors also devote an entire chapter to the representation of transgender clients in matters such as changing identifying documents, handling employment discrimination claims, and getting protection from violence while imprisoned. They also discuss the special issues that arise when representing clients with HIV/AIDS, including health, financial, and estate planning and obtaining public benefits and insurance coverage.

Sexual Orientation and the Law is rich with practical information to assist you in understanding the unique issues faced by members of the LGBT community and how to handle them when your next client comes through your door.

An Important Day in Constitutional History: Escobedo v. Illinois, 378 U.S. 478 (1964)

On this day during Constitutional Law Resource Month at the Harris County Law Library, we remember an important Supreme Court decision, Escobedo v. Illinois, 378 U.S. 478 (1964). Today marks the 52nd anniversary of the decision and its role in reinforcing our Sixth Amendment rights.

Danny Escobedo was arrested without a warrant on January 20, 1960. As the prime suspect in the shooting death of his brother-in-law, he was held for questioning for more than 18 hours. Escobedo asked repeatedly for his attorney to be present, but repeatedly, his request was denied. It was only after being indicted that Escobedo was granted access to a lawyer, violating his Fifth and Sixth Amendment rights to due process and access to counsel. The Miranda v. Arizona, 384 US 436 (1966) decision just two years later implicitly overruled Escobedo, but it was, nonetheless, an important step in the process toward ensuring a constitutional right to counsel for the criminal accused.

In honor of Bloomsday: United States v. One Book Entitled Ulysses by James Joyce

In recognition of Constitutional Law Resource Month at the Harris County Law Library and our first amendment right to free speech, we are honoring one of modern literature’s finest works, the controversial novel, Ulysses by James Joyce. First published in Paris in 1922 (after being serialized for three years in The Little Review), Ulysses takes place over the course of a single day. This day, June 16th, is recognized annually as Bloomsday, a celebration of Joyce’s life and an homage to his most famous work.

Although it is now universally touted as an innovative and pioneering work of literature, Ulysses was not always looked upon so favorably. The novel we now celebrate was subject to an implicit obscenity ban, which the American publisher, Random House, who had full rights to publish the book in the United States, sought to challenge. In 1933, Random House imported a French edition of the book, expecting it to be seized upon arrival by the U.S. Customs Service, an assumption which proved to be accurate. After seven months of weighing his options, an Assistant U.S. Attorney, who appreciated the work but questioned its decency under the law, decided to take action against it, leading ultimately to a 1934 obscenity trial in the United States Court of Appeals for the Second Circuit, 72 F.2d 705.  At question in the case was not the artistic merit of the book, but whether such a book should be regarded as "obscene" within section 305 (a) of the Tariff Act of 1930 (19 USCA § 1305a). This landmark case was extremely influential in paving a path for the import and publication of literature deemed inappropriate, coarse, or risqué, and, in effect, it reaffirmed our Constitutional right to free expression. Happy Bloomsday!