Sexual Orientation, Gender Identity, and the Law in a Nutshell
Author:
Colker, Ruth
Edition:
2nd
Copyright Date:
2022
3 chapters
have results for immigration
Chapter 2. Regulation of Sexuality 3 results
- State law was not the only arena in which the LGBT community faced adverse treatment due to their sexual activities. The 1952 Immigration and Nationality Act, for example, barred entry of immigrants “afflicted with psychopathic personality,” which the Immigration and Naturalization Service interpreted to include all “homosexuals and sex perverts.”
- At the federal level, United States law has a history of quite rigid restrictions on prostitution. The immigration laws have been one source of such restrictions. Through the Act of March 3, 1875, relating to immigration, it was a felony to “knowingly and willfully import, or cause any importation of, women into the United States for the purposes of ‘prostitution.’ ” Act of March 3, 1975, 43d Cong., ch. 141, 18 Stat. § 477. On February 20, 1907, Congress passed a more comprehensive immigration law that also banned the importation of “any alien woman or girl for the purpose of prostitution, or for any other immoral purpose.” Act of February 20, 1907, 59th Cong., ch. 1134, 34 Stat. § 898. The Supreme Court interpreted “or for any other immoral purpose” to include importation to be a “concubine” rather than merely a prostitute.
- . Rather than merely limit the importation of women or girls for the purpose of prostitution, this statute banned the transportation of prostitutes across state lines. Like the 1907 immigration statute, it also banned such interstate travel for “immoral purposes,” raising the question of what that term meant. The Supreme Court ruled that the statute should be interpreted to include a woman who is a “concubine” despite the title of the statute, impliedly limiting its reach to prostitutes.
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- Publication Date: October 20th, 2021
- ISBN: 9781647089702
- Subject: Gender law
- Series: Nutshells
- Type: Overviews
- Description: This Nutshell presents a very timely overview of legal topics relating to sexual orientation, gender identity and the law. Topics covered include: regulation of sexuality, gender identity and expression, parenthood, marriage, United States military, nondiscrimination statutes and ordinances, freedom of expression, freedom of association, and religious freedom. Discussion includes developments at the federal, state and local level. Statutes discussed include Title VII of the Civil Rights Act of 1964; Title IX; the Fair Housing Act; the Affordable Care Act; Don’t Ask, Don’t Tell; Defense of Marriage Act, as well as some of the anti-LGBT rights measures that have been adopted in various states.
