A Pride Month Reading List

The University Press of Kansas is proud to help celebrate Pride Month with a curated list of books studying the legal battle for gay rights…

 

No Place Like Home; Lessons in Activism from LGBT Kansas

by C.J. Janovy

Far from the coastal centers of culture and politics, Kansas stands at the very center of American stereotypes about red states. In the American imagination, it is a place LGBT people leave. No Place Like Home is about why they stay. The book tells the epic story of how a few disorganized and politically naïve Kansans, realizing they were unfairly under attack, rolled up their sleeves, went looking for fights, and ended up making friends in one of the country’s most hostile states.

 

 

The Courts, the Ballot Box, and Gay Rights; How Our Governing Institutions Shape the Same-Sex Marriage Debate

by Joseph Mello

If the same-sex marriage debate tells us one thing, its that rights do not exist in a vacuum. What works for one side at the ballot box often fails in the courtroom. Conservative opponents of same-sex marriage used appeals to religious liberty and parental rights to win ballot measure campaigns, but could not duplicate this success in court. Looking at the same-sex marriage debate at the ballot box and in the courts, this timely book offers unique insights into one of the most fluid social and legal issues of our day—and into the role of institutional context in how rights are used.

 

Judging the Boy Scouts of America; Gay Rights, Freedom of Association, and the Dale Case

by Richard J. Ellis

As Americans, we cherish the freedom to associate. However, with the freedom to associate comes the right to exclude those who do not share our values and goals. What happens when the freedom of association collides with the equally cherished principle that every individual should be free from invidious discrimination? This is precisely the question posed in Boy Scouts of America v. James Dale, a lawsuit that made its way through the courts over the course of a decade, culminating in 2000 with a landmark ruling by the U.S. Supreme Court. In Judging the Boy Scouts of America, Richard J. Ellis tells the fascinating story of the Dale case, placing it in the context of legal principles and precedents, Scouts’ policies, gay rights, and the culture wars in American politics.

 

The Case for Gay Rights; From Bowers to Lawrence and Beyond

by David A. J. Richards

As Americans wrestle with red-versus-blue debates over traditional values, defense of marriage, and gay rights, reason often seems to take a back seat to emotion. In response, David Richards, a widely respected legal scholar and long-time champion of gay rights, reflects upon the constitutional and democratic principles—relating to privacy, intimate life, free speech, tolerance, and conscience-that underpin these often-heated debates.

 

The Sharon Kowalski Case; Lesbian and Gay Rights on Trial

by Casey Charles

While car-crash victim Sharon Kowalski lay comatose in the hospital, battle lines were drawn between her parents and her lesbian companion Karen Thompson, initiating a nearly decade-long struggle over the guardianship of Kowalski. The ensuing litigation became a rallying point for gays and lesbians frustrated by laws and social stigmas that treated them as second-class citizens. Considered the most compelling case of his lifetime by the late Tom Stoddard, former executive director of the Lambda Legal Defense Fund, the Kowalski legal saga also resonated deeply among AIDS patients who worried that they too might be legally deprived of their partners’ care.

A Rainbow Wave in Kansas

by CJ Janovy, author of  No Place Like Home; Lessons in Activism from LGBT Kansas.

“There were tears, of course, as the reality began to set in that the eight years of persecution of LGBTQ Kansans was coming to an end,” Stephanie Mott wrote on Facebook early on Wednesday morning. Kansans had elected Laura Kelly rather than Kris Kobach as their next governor.

Mott, a highly visible transgender activist in Kansas for a decade now, remembered the night Sam Brownback was elected governor eight years ago and reelected four years ago. She also recalled the 2016 presidential election, or “that horrible night 2 years past.” Now she was waking up to a different future, “in the full knowledge that anti-LGBTQ legislation will not pass in Kansas in the next 4 years, at least 4 years,” she wrote, in a kind of social media poetry:

  • No bathroom bills.
  • Protected Kansas LGBTQ employees.
  • Yes, there were tears.
  • It is also about Medicaid expansion, and education and tax policy, and so much more.
  • But for this transgender woman and so many LGBTQ Kansans, it is about life and death.
  • It is about living in a state that respects our identities and honors our love. #GovernorElectLauraKelly

Kelly’s defeat of Kobach was big national news; even bigger national news was that Kansans were sending a lesbian to the US House of Representatives. Sharice Davids, who defeated four-term Representative Kevin Yoder, would also be one of the first two Native American women in Congress.

In its postelection piece on what national media outlets were calling a “rainbow wave” (echoing the slogan of the national Victory Fund, which helped bankroll the victories), NPR’s Leila Fadel spoke with 3rd District resident Hailee Bland Walsh, who called Davids’s win “lifesaving”: “Walsh and her wife never imagined that they’d see an open lesbian serve in their district. She’s been afraid as a minority in an America that’s becoming more and more uncivil,” Fadel reported.

“There’s something really fundamental about feeling safe,” Walsh said. Listeners around the country could hear her voice begin to waver. “And today, for the first time in couple of years— I’m getting emotional about it, but I feel safe.”

Volumes on Davids now wait to be written as she heads to Washington and as we watch what she does there. Pundits are already talking about how Kansas, of all places, elected a lesbian.

From where I sat, watching Davids’s rise from afar (I did not cover her campaign) and witnessing people’s enthusiasm about her, the explanation looked simple: 1) Yoder was a Trumpist from a moderate district; 2) Democrats had fielded a clear and qualified alternative, someone whose very existence and openness stood for something bigger than herself; 3) newly awakened voters who were eager to make a statement against the administration added to the energy in Johnson County, where citizens had been working hard through several election cycles to try to reverse the economic disaster of the Brownback administration—primarily its damage to public education; and 4) in majority-minority Wyandotte County, voters broke a twenty-two-year record for turnout, with Davids getting 68 percent of the vote to Yoder’s 29.

For me, the most surprising moment of the Davids-Yoder race was a couple of lines in the Kansas City Star the morning after the two debated, late in the campaign, when Davids held a substantial lead in the polls:

“Asked if Congress should pass federal LGBTQ protections, Davids advocated for the move and  said ‘LGBT people should be considered a protected class.’ Yoder was not clear about the issue during the debate but clarified afterward that he would support making LGBTQ a protected class under federal law.”

The idea of federal protections for LGBTQ people is blasphemy for party-liners in Trump’s GOP; only two weeks earlier, his administration had considered defining trans people out of existence.

But Yoder’s tendency to say whatever was politically expedient at any given moment was just one reason so many people in the 3rd District had proclaimed themselves #OverYoder. It’s likely any strong-enough Democrat would have beaten him; that a lesbian was the one to do it spoke to a profound change in public opinion.

“Twenty years ago, a lot of identities were liabilities. Being a Native American lesbian in the 1990s probably was a nonstarter to getting elected to anything,” University of Kansas political scientist Patrick Miller told my KCUR colleague Gina Kaufmann on the morning after the election. “And it didn’t matter yesterday.”

It didn’t matter—in fact, it might have been a strength rather than a liability—thanks in part to the kind of hometown activism chronicled in No Place Like Home.

That change in attitudes is not a fluke. We know this because, far away from the national spotlight yet also in Davids’s district, two other openly gay people won their races: Brandon Woodard and Susan Ruiz are headed to Topeka in January to represent their neighbors in the Kansas House.

The two representatives-elect came to politics from different angles: Woodard from a lifelong interest and through a primary where his opponent was also gay—thus ensuring that the Democratic candidate in House District 30 would be an openly gay man either way—and Ruiz, who, like so many other activists I met in the course of reporting for No Place Like Home (and my follow-up blog), stepped up because no one else did.

In both cases, however, identity was not their main issue. Like other Kansans, they were most concerned about public education and health care. Voters seemed to have awakened to the fact that anti-LGBTQ rhetoric was an attempt at distraction.

“We got push-polled with a robocall from our opponent,” Woodard told me, “and I had conservative people call me and say, ‘I don’t have a problem with you being gay—what I have a problem with is your opponent attacking you for your stance on LGBT issues.’”

 

CJ Janovy, Digital Content Editor for KCUR, is the author of No Place Like Home; Lessons in Activism from LGBT Kansas.