Sexual Injustice: Supreme Court Decisions from Griswold to Roe
Marc Stein
UNC Press, 2010

The U.S. Supreme Court of the 1960s and 1970s is typically celebrated by liberals and condemned by conservatives for its rulings on abortion, birth control, and other sexual matters. In this new work, historian Marc Stein demonstrates convincingly that both sides have it wrong. Focusing on six major Supreme Court cases, Stein examines the more liberal rulings on birth control, abortion, interracial marriage, and obscenity in Griswold, Fanny Hill, Loving, Eisenstadt, and Roe alongside a profoundly conservative ruling on homosexuality in Boutilier.

In the same era in which the Court recognized special marital, reproductive, and heterosexual rights and privileges, it also upheld an immigration statute that classified homosexuals as “psychopathic personalities.” How, then, did Americans come to believe that the Court supported the sexual revolution? Stein shows that a diverse set of influential journalists, judges, and scholars translated the Court’s language about marital and reproductive rights into bold statements about sexual freedom and equality. Creatively researched and persuasively argued, this book not only provides the first in-depth account of Boutilier, one of the Court’s earliest gay rights cases, but also will change the way we think about the Supreme Court and the sexual revolution.

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The Heart of Whiteness: Normal Sexuality and Race in America, 1880-1940
Julian Carter
Duke University Press, 2009

In this groundbreaking study, Julian Carter demonstrates that between 1880 and 1940, cultural discourses of whiteness and heterosexuality fused to form a new concept of the “normal” American. Gilded Age elites defined white civilization as the triumphant achievement of exceptional people hewing to a relational ethic of strict self-discipline for the common good. During the early twentieth century, that racial and relational ideal was reconceived in more inclusive terms as “normality,” something toward which everyone should strive. The appearance of inclusiveness helped make “normality” appear consistent with the self-image of a racially diverse republic; nonetheless, “normality” was gauged largely in terms of adherence to erotic and emotional conventions that gained cultural significance through their association with arguments for the legitimacy of white political and social dominance. At the same time, the affectionate, reproductive heterosexuality of “normal” married couples became increasingly central to legitimate membership in the nation.

Carter builds her intricate argument from detailed readings of an array of popular texts, focusing on how sex education for children and marital advice for adults provided significant venues for the dissemination of the new ideal of normality. She concludes that because its overt concerns were love, marriage, and babies, normality discourse facilitated white evasiveness about racial inequality. The ostensible focus of “normality” on matters of sexuality provided a superficially race-neutral conceptual structure that whites could and did use to evade engagement with the unequal relations of power that continue to shape American life today.

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