Courting Justice: Gay Men and Lesbians v. the Supreme Court

By Joyce Murdoch; Deb Price | Go to book overview

NOTES ON SOURCES

Each chapter of Courting Justice is treated separately, with citations grouped under chapter subtitles. All interviews by the authors were conducted between 1996 and August 2000, in person, by telephone or, in a few cases, by e-mail. Of the hundreds of people interviewed, generally only those quoted by name are cited below. Many, many others provided information that shaped our thinking about the court, its justices and the era covered. In a few instances, individuals asked that their identities not be made public. All quotations are from interviews with the authors unless otherwise noted. Full citations of books and other documents are given when they are first mentioned.

Memos to or from a particular justice are located in that justice's papers unless otherwise noted. Justices' papers are housed at the Library of Congress's Manuscript Reading Room (Warren, Douglas, Marshall, Black, Frankfurter, Burton), Princeton University (Harlan), the University of Texas (Clark), Washington and Lee (Powell), Yale (Fortas), Northwestern University (Goldberg), and the University of Michigan (Murphy). Justices' private conference votes are listed on "docket sheets," usually kept in a separate section of justices' papers from their cases files.

Every case discussed relied, at least in part, on the official documents filed with the U.S. Supreme Court, such as the cert petition, a response in opposition and, if cert was granted, briefs from both sides. Generally, an appendix containing the lower courts' rulings was also filed with the court. Those documents are not cited individually below. All the court documents are available at the U.S. Supreme Court library, unless it is noted that they are at the National Archives in Washington, D.C. Audiotapes of oral arguments are available at the audio/visual branch of the National Archives in Maryland. Identification of justices in oral arguments was made by the authors by listening to official tapes or from notes taken from press seats at oral arguments in Hurley, Romer, Oncale v. Sundowner Offshore Services Inc., Troxel v. Granville and Boy Scouts v. Dale.

The portrait of the inner workings of the Supreme Court and justices' personalities and habits reflects more than 100 interviews with former clerks and court officials, tens of thousands of pages of court documents including the justices' working drafts of opinions and numerous books listed in the Bibliography. In particular, the

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Courting Justice: Gay Men and Lesbians v. the Supreme Court
Table of contents

Table of contents

  • Title Page *
  • Contents v
  • Acknowledgments vii
  • Introduction "Pay No Attention to That Man behind the Curtain" 1
  • 1 - One Standard of Justice 27
  • 2 - A Burning Sense of Injustice 51
  • 3 - Beefcake on the Menu 65
  • 4 - More Than a Homosexual 89
  • 5 - Afflicted with Homosexuality 103
  • 6 - Nowhere to Hide 135
  • 7 - Nothing to Hide 163
  • 8 - A Marble Storm Cellar 189
  • 9 - Ominous, "Unsettled" Times 213
  • 10 - The Chess Master Makes His Move 237
  • 11 - Adrift in a Sea of Gay Clerks 271
  • 12 - Branded Second-Class Citizens 311
  • 13 - Confirming Hostility 355
  • 14 - Crawling toward Empathy 389
  • 15 - Turning a Major Corner 415
  • 16 - The Constitution 'Neither Knows nor Tolerates Classes among Citizens' 451
  • 17 - Counting to Four 483
  • Conclusion - Seeking the Shortest Path to Equal Justice 517
  • Appendix 531
  • Notes on Sources 536
  • Selected Bibliography 561
  • Index 565
  • About the Authors *
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