Gaylaw by William N. Eskridge

A comprehensive analysis of the law on gender and sexual nonconformity in the United States. Part One traces state efforts to discipline and punish homosexuals and others considered deviant from the post-Civil War period to the 1980s. Part Two addresses continuing state discrimination, including the military ban, and argues for 'sexualizing' the First Amendment so that same-sex ceremonies and intimacy are protected as expressive conduct. The final part places these arguments within liberal theory and a general stance on freedom, gender equality and religious pluralism.