Sexual Orientation and Legal Rights (Civil Rights Library)

Rating:
Summary: Review
Review: As a social work program director for 22 years, I have been concerned at the number of homophobics who want to be social workers. "Strange," I think, "don't these people understand that they will have homosexual clients." I explain to our applicants, "you cannot escape from seeing homosexual clients." The homophobics who want to become social workers are faced with two enigmas. First, as social workers, they must anticipate that some will be homosexual and are ethically bond must treat them as any other client. Second, would-be social workers must respect the legal and social rights of homosexuals to become social workers.

Recent litigation involving the Council on Social Work Education (CSWE) has made screening homophobic students complex. To oversimplify the issue, CSWE mandated an admissions policy that prohibited discrimination on the basis of sexual orientation. Many Christian institutions that desire CSWE accreditation actively prohibit the admissions of homosexuals. Based on a series of constitutional and federal regulatory standards, CSWE may not exclude these Christian institutions from accreditation -- even though these institutions violate accreditation standards. Herein lies the immediate importance of Conte's Sexual Orientation and Legal Rights. She clearly explains it all! As a reviewer I can say that any social work educator who is concerned or perplexed by CSWE's decision to allow these Christian institutions to be accredited, must read Sexual Orientation and Legal Rights. ALL the legal answers lie here. In addition and most importantly, Conte thoroughly addresses all aspects of sexual orientation and the law.

With a total of 24 chapters, Sexual Orientation and Legal Rights is a comprehensive two volume set that addresses legal issues related to sexual orientation. Volume I is divided into four sections. They include:

Overview (3 chapters)

Employment Discrimination: Law and Practice (9 chapters)

Specific Employment Issues (3 chapters)

Family Law (8 chapters)

>From basic curiosity, social workers would be driven to read the chapter entitled, "Gays in the Military" (from the section entitled, "Specific Employment Issues").20

In volume II, the continued Family Law section is followed by the final section, "Statutes and Case Law by State." In reviewing Sexual Orientation and Legal Rights, it is clear that social workers will be most interested in the Family Law section which includes chapters entitled:

Family Law

Same-Sex Relationships: Marriage and Dissolution

Child Custody and Visitation

Adoption

Alternative Reproduction: Artificial Insemination, Sperm Donor, and Surrogacy

Financial Implications of Same-Sex Relationships

Domestic Partnerships

Housing and Property Rights

In addition, the final section, "Statutes and Case Law by State" should generate great interest among social workers and attorneys. For each state and Washington D.C., specific laws related to sexual orientation are introduced. Then Conte summaries prominent antidiscrimination statutes and elements of sexual harassment; interprets regulations, assesses judicial dispositions regarding sexual harassment. She then reviews case law under the following topics:20

Adoption

Adult adoption

Alimony

Assault

Attorney sanctions

Breach of employment

contract

Citizen initiatives

Constitutional claims

Contracts

Credit

Custody

Death

Defamation (criminal)20

Discharge

Dissolution

Divorce

Domestic benefits

Domestic partnership

Domestic partnership

Domestic partnership benefits

Donor insemination

Education

Emotional distress

Employee handbooks

Employment

Employment handbooks

First amendment

Foster care

Foster parenting

Guardianship

Housing

Insurance

Intentional infliction of emotional distress

Interference with contractual relationship

Labor arbitration

Marriage

Negligent infliction of

emotional distress

Negligent supervision

Polygraph examinations

Privacy

Property distributions

Sexual harassment

Supplemental jurisdiction

Taxes

Tortious interference with an employment contract

Transsexualism

Unemployment compensation

Union

Wills

Worker's compensation

Wrongful discharge

Conte emphasizes the importance of this chapter for attorneys when she writes (page 131, Volume II): "Although generalizations may be made regarding state antidiscrimination statutes and state court treatment of common-law claims, the nuances of state law may render a particular litigation strategy feasible in one state and inappropriate in another." For social workers, this chapter provides the foundation for an effective policy change tool at the legislative level. Contrasting various state laws is a well-known successful strategy that induces state legislative committees to introduce legislation.

Several positive points can be made regarding Sexual Orientation and Legal Rights. First, Conte writes well. Writing style is a critical aspect of these volumes. Although the volumes were primarily written as a legal reference, social workers are likely to employ these important volumes as much as lawyers. They are not saturated with legalese as one would expect. The bottom line is that these volumes are readable and comprehensible to social workers. Second, Conte is a well-organized and highly skilled legal researcher. Readers (social workers, attorneys and judges) can feel confident regarding the validity of Conte's legal assertions. Third, and most importantly, there is no published legal volume that is commensurate. Sexual Orientation and Legal Rights stands alone. One will not find a comparable monograph.

The strengths of Conte's work have important implications for social work education. For example in the most recent accreditation standards, CSWE has added several curricula areas. In particular, social work programs (BSW and MSW) are required to address "Human Diversity" and "Populations-at-Risk." Sexual orientation is included as an area of required study under both of these curriculum areas. Even Christian schools are mandated to address sexual orientation issues in their curriculum! Thus, Sexual Orientation and Legal Rights is the ideal reference item for all accredited social work programs. BSW and MSW students are likely to write term papers on homosexuality. Conte offers the only reference on the legal and regulatory dimension of sexual orientation. As a result, no social work or law library in the United States should be without it.

Although I have submitted a glowing review of Conte's work, there is a down-side. It is best articulated in Conte's own words (page ix):

.historically gays have lived in constant fear of the discovery of their sexual orientation and the possible ramifications. Law steps in, in theory at least, to offer peace of mind. This book offers the theory and the reality in seeking equal rights. Society is fickle; minds that operate collectively one day are splintered on the next. Attorneys must be vigilant and prepare for constant change. Constant change is the problem. Researchers seeking cutting edge answers to social justice issues will not be able to rely totally on Sexual Orientation and Legal Rights. However, Conte and the publisher resolved this problem by composing and publishing annual supplements. Cutting edge legal and regulatory changes will be available. Without supplements, the rapidly changing law and regulations would make Conte's two-volume work problematic. Most importantly, Conte maintains her high standards of sociolegal research and synthesis in these critically important supplements.

The most frustrating aspect of Conte's work is its publisher. Originally, Wiley Law Publishers produced these volumes. The Wiley Law Publishers was sold to Aspen Law and Business Publishing. As a result, adopting these volumes for one's academic library is cumbersome at best. Aspen Law and Business does not include this important work on their web page with their other publications. At the time of writing this review, purchasing this important Sexual Orientation and Legal Rights is complicated. To resolve the ordering problem, reassure the librarian that although Books in Print indicates that Sexual Orientation and Legal Rights is published by Wiley Law Publishers, it is not. Aspen Law and Business is the publisher.

In summary, Sexual Orientation and Legal Rights is an exceptionally well written reference for students of law and social work, practicing social workers, attorneys and, of course, judges. Conte's ability to successfully write for such a diverse audience must be applauded. Sexual Orientation and Legal Rights and its supplements are one-of-a-kind and a necessary reference tool for law and social work libraries.