Chapter 1. Who's the Bigot? Puzzles about Bigotry
Chapter 2. From "The Bigot in Our Midst" to "Good People" with
Hidden Biases: The Scientific Study of Prejudice
Chapter 3. Interfaith Marriage as a Protest Against Bigotry?:
Debates in the 1950s and 1960s
Chapter 4. "You are Waging a Fight of Morality and Conscience:"
Competing Theologies of Segregation and Integration 144
Chapter 5. "Our Spirit Is Not Narrow Bigotry": Debating the Civil
Rights Act of 1964 and "Legislating Morality"
Chapter 6. Prejudice, Moral Progress, and Not Being "On the Wrong
Side of History": The Legacy of Loving for the Right to Marry
Chapter 7. "Sincere Believers," "Bigots," or "Superstitious
Fools"?: Motives and Morality in the Supreme Court's Gay Rights
Cases
Chapter 8. "This Isn't 1964 Anymore"-Or Is It? Competing Appeals to
the Civil Rights Past in Present Controversies over "Religious
Liberty versus LGBT Rights"
Chapter 9. Conclusion: Learning Bigotry's Lessons
Linda C. McClain is the Robert Kent Professor at Boston University
School of Law. She also teaches in BU's Kilachand Honors College.
An internationally known scholar, she has written extensively about
marriage, family law, civil rights law, gender equality and law,
feminist legal theory, and law and religion. She has held
fellowships at the University Center for Human Values, Princeton
University, and the Safra Center at Harvard University. Her
previous books include The Place of Families: Fostering Capacity,
Equality, and Responsibility, Ordered Liberty: Rights,
Responsibilities, and Virtues (with James E. Fleming), Gender
Equality: Dimensions of Women's Equal
Citizenship (co-edited with Joanna Grossman and cited in the
credits for On the Basis of Sex), and What Is Parenthood?
Contemporary Debates About the Family. A graduate of Oberlin
College, she has an M.A. from the University of Chicago Divinity
School, a J.D. from Georgetown University Law Center, and an LL.M.
from NYU School of Law. In her spare time, she enjoys playing
classical piano.
"Linda McClain helps us understand our present moment of
crisis-prone incivility via a single word: the bigot. Deftly
assessing past changes in the American legal recognition of
interfaith, interracial and same-sex marriage, as well as
desegration and integration, she shows that calling out bigotry has
sometimes promoted civility, and yet has also undermined it. This
feminist defense of diversity and equality helps to debunk
purported moral equivalences, and
charts an important way forward for law, religion and public life."
-- Katharine Young, Professor of Law, Boston College Law School and
author of Constituting Economic and Social Rights (OUP, 2012).
"Linda McClain's book is a meticulously researched and compellingly
presented study of moral and political language. She illuminates
the different ways in which the term "bigot" has been used in
American constitutional law, from the battles over slavery in the
nineteenth century to the skirmishes over same sex marriage in the
twenty-first." -- Cathleen Kaveny, Balkinization blog
"McClain provides readers a way to understand the meaning, the
boundary, and even the accommodation of bigotry. The book would be
of interest not just to legal scholars but also to those studying
law from a perspective of political theory, sociology, or history.
The scope and depth of McClain's book is impressive and she has a
lot to teach her readers. I highly recommend this book to anyone
who wants to learn more about society's conflicts over marriage
and
civil rights law." -- Sonu Bedi, author of Private Racism, and
Professor in Law and Political Science, Dartmouth College
"This timely, wide-ranging, and historically detailed work invites
us to think more deeply about bigotry - what it is, how it has
functioned in various debates over marriage, and how those debates
in turn shed light on the reality and rhetoric of bigotry.
McClain's book is an invaluable contribution to our perspective on
these matters." -- John Corvino, author of Debating Religious
Liberty and Discrimination and What's Wrong With
Homosexuality?, Dean, Irvin D. Reid Honors College and Professor of
Philosophy, Wayne State University
"An important and clear-minded book by a leading scholar of law and
public policy that explores our evolving understanding of bigotry
in the context of debates over gay rights and religious liberty.
Deeply illuminating." -- Stephen Macedo, Laurance S. Rockefeller
Professor of Politics and the University Center for Human Values,
Princeton University
"A must read for those who are interested in seeing the modern
social psychological understanding of racism applied to American
religion." -- Thomas F. Pettigrew, Research Professor of Social
Psychology, University of California, Santa Cruz
"Through historical excavation and close readings of primary texts,
Linda McClain examines the meaning and use of bigotry over time. By
situating us in the thick of past conflicts over equality, McClain
shows that views we now repudiate as bigoted were once within the
realm of reasonable debate. Her book should be a warning for
proponents of equality law today: Labeling one's opponents as
bigots may obscure, rather than illuminate, connections between
past and
present struggles. Instead, by unearthing the similarities in
justifications for inequality over time, McClain leaves us better
able to appreciate the relationship between struggles for racial
equality
and struggles for LGBT equality." -- Douglas NeJaime, Anne Urowsky
Professor of Law, Yale Law School
"At a time when public discourse is so charged, and the label
"bigot" carries enormous emotional and psychological weight, Linda
McClain helpfully unpacks the legal provenance of this fraught
term. Drawing on a diverse range of contexts - from interracial
marriage to the present debate over conscience exemptions - McClain
considers what it means, as a matter of law and culture, to
characterize someone (and their actions) as bigoted. This is
required reading for
anyone who wants to understand our polarized society and how we got
here." -- Melissa Murray, Frederick I. and Grace Stokes Professor
of Law, NYU School of Law
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