Download or read book The Courts the Ballot Box and Gay Rights written by Joseph Mello and published by University Press of Kansas. This book was released on 2016-08-12 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: If the same-sex marriage debate tells us one thing, it’s 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. Why, Joseph Mello asks, did conservative opponents of same-sex marriage enjoy such an advantage when debating this issue in the popular arena of a ballot measure campaign? And why were they less successful at mobilizing the language of rights in the courts? His analysis shows us that rights don't just entitle us to resources; they also shape the way we see ourselves and are perceived by others. Thus, by using the language of rights to frame their cause, conservative opponents of same-sex marriage were able to construe themselves as victims of oppression, their religious and moral beliefs under threat. The same language, however, proved less useful, or even counterproductive, in courtrooms, Mello concludes, because the court's norms and constraints force arguments to undergo more searching scrutiny—and rights-based arguments against same-sex marriage contain discriminatory stereotypes that cannot be supported with evidence. In its analysis of the same-sex marriage issue, The Courts, the Ballot Box, and Gay Rights provides insights that illuminate some of the most salient rights-based issues of our time—including affirmative action, abortion, immigration, and drug policy. The book offers a new way of understanding how such issues are decided, and how important context can be in determining the outcome.
Download or read book The Courts the Ballot Box and Gay Rights written by Joseph Mello and published by . This book was released on 2016-08-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at how rights discourse has been used during the debate over same-sex marriage and how opponents of same-sex marriage marriage used rights language to effectively oppose it during ballot measure campaigns, but that this same language became counterproductive once this debate moved inside of the courtroom.
Download or read book Gay Rights at the Ballot Box written by Amy L. Stone and published by U of Minnesota Press. This book was released on 2012 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Boulder in 1974 to Maine Question 1 in 2009, the first comprehensive history of the LGBT movement's fight against anti-gay ballot measures
Download or read book Out of the Closets and into the Courts written by Ellen Ann Andersen and published by University of Michigan Press. This book was released on 2009-01-20 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past 30 years, the gay rights movement has moved from the margins to the center of American politics, sparking debate from bedroom to boardroom to battlefield. Out of the Closets and into the Courts analyzes recent gay rights cases and explores the complex relationship between litigation and social change. “An excellent book, enlightening and well-written. Out of the Closets and into the Courts should be highly useful in the classroom and of interest to a broad audience.” --Evan Gerstmann, Loyola Marymount University “A detailed historical analysis of changes in the law surrounding gay and lesbian relationships, Out of the Closets and into the Courts also breaks fresh ground in thinking about how and when law can be used to affect social change. The concept of a legal opportunity structure, which complements the concept of political opportunity structure, proves to be very useful in analyzing judicial changes in the law. A very impressive analysis.” --Mayer Zald, Professor Emeritus, University of Michigan “Ellen Andersen's book integrates sophisticated sociolegal theory and thorough empirical research into a compelling, insightful analysis of legal mobilization campaigns led by the Lambda Legal Defense and Education Fund. This study makes a significant contribution to scholarship about struggles over gay rights in the U.S. and about legal reform politics in general.” --Michael McCann, University of Washington Ellen Ann Andersen is Assistant Professor of Political Science at Indiana University-Purdue University Indianapolis.
Download or read book Forcing the Spring written by Jo Becker and published by Penguin. This book was released on 2014-04-22 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times Notable Book of the Year A Washington Post Best Book of the Year (Nonfiction) A Kirkus Best Book of the Year “[A] riveting legal drama, a snapshot in time, when the gay rights movement altered course and public opinion shifted with the speed of a bullet train...Becker's most remarkable accomplishment is to weave a spellbinder of a tale that, despite a finale reported around the world, manages to keep readers gripped until the very end.”-The Washington Post A tour de force of groundbreaking reportage by Pulitzer Prize–winning journalist Jo Becker, Forcing the Spring is the definitive account of five remarkable years in American civil rights history: when the United States experienced a tectonic shift on the issue of marriage equality. Beginning with the historical legal challenge of California's ban on same-sex marriage, Becker expands the scope to encompass all aspects of this momentous struggle, offering a gripping behind-the-scenes narrative told with the lightning pace of the greatest legal thrillers. For nearly five years, Becker was given free rein in the legal and political war rooms where the strategy of marriage equality was plotted. She takes us inside the remarkable campaign that rebranded a movement; into the Oval Office where the president and his advisors debated how to respond to a fast-changing political landscape; into the chambers of the federal judges who decided that today's bans on same-sex marriage were no more constitutional than previous century's bans on interracial marriage; and into the mindsets of the Supreme Court judges who decided the California case and will likely soon decide the issue for the country at large. From the state-by state efforts to win marriage equality at the ballot box to the landmark Supreme Court case that struck down a law that banned legally married gay and lesbian couples from receiving federal benefits, Becker weaves together the political and legal forces that reshaped a nation. Forcing the Spring begins with California's controversial ballot initiative Proposition 8, which banned gay men and lesbians from marrying the person they loved. This electoral defeat galvanized an improbable alliance of opponents to the ban, with political operatives and Hollywood royalty enlisting attorneys Ted Olson and David Boies—the opposing counsels in the Supreme Court’s Bush v. Gore case—to join together in a unique bipartisan challenge to the political status quo. Despite initial opposition from the gay rights establishment, the case against Proposition 8 would ultimately force the issue of marriage equality all the way to the Supreme Court, transforming same-sex marriage from a partisan issue into a modern crisis of civil rights. Shuttling between the twin American power centers of Hollywood and Washington—and based on access to all the key players in the Justice Department and the White House—Becker offers insider coverage on the true story of how President Obama “evolved” to embrace marriage equality. What starts out as a tale of an epic legal battle grows into the story of the evolution of a country. Becker shows how the country reexamined its opinions on same-sex marriage, an issue that raced along with a snowballing velocity which astounded veteran political operatives. Here is the ringside account of this unprecedented change, the fastest shift in public opinion ever seen in modern American politics. Clear-eyed and even-handed, Forcing the Spring is political and legal journalism at its finest, offering an unvarnished perspective on the extraordinary transformation of America and an inside look into the fight to win the rights of marriage and full citizenship for all.
Download or read book Queers in Court written by Susan Gluck Mezey and published by Rowman & Littlefield. This book was released on 2007 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the gay community's efforts to achieve social and legal reform in the United States from the 50s to the 2000s within the "rights-based" discourse characteristic of earlier civil rights struggles.
Download or read book Strangers to the Law written by Lisa Melinda Keen and published by University of Michigan Press. This book was released on 2010-05-18 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1992, the voters of Colorado passed a ballot initiative amending the state constitution to prevent the state or any local government from adopting any law or policy that protected a person with a homosexual, lesbian, or bisexual orientation from discrimination. This amendment was immediately challenged in the courts as a denial of equal protection of the laws under the United States Constitution. This litigation ultimately led to a landmark decision by the United States Supreme Court invalidating the Colorado ballot initiative. Suzanne Goldberg, an attorney involved in the case from the beginning on behalf of the Lambda Legal Defense and Education Fund, and Lisa Keen, a journalist who covered the initiative campaign and litigation, tell the story of this case, providing an inside view of this complex and important litigation. Starting with the background of the initiative, the authors tell us about the debates over strategy, the court proceedings, and the impact of each stage of the litigation on the parties involved. The authors explore the meaning of legal protection for gay people and the arguments for and against the Colorado initiative. This book is essential reading for anyone interested in the development of civil rights protections for gay people and the evolution of what it means to be gay in contemporary American society and politics. In addition, it is a rich story well told, and will be of interest to the general reader and scholars working on issues of civil rights, majority-minority relations, and the meaning of equal rights in a democratic society. Suzanne Goldberg is an attorney with the Lambda Legal Defense and Education Fund. Lisa Keen is Senior Editor at the Washington Blade newspaper.
Download or read book The Rainbow After the Storm written by Michael J. Rosenfeld and published by Oxford University Press. This book was released on 2021-11-26 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Rainbow after the Storm tells the story of the rapid liberalization of attitudes toward gay rights that made same-sex marriage the law of the U.S. sooner than almost anyone thought was possible. The book explains how and why public opinion toward gay rights liberalized so much, while most other public attitudes have remained relatively stable. The book explores the roles of a variety of actors in this drama. Social science research helped to shift elite opinion in ways that reduced the persecution of gays and lesbians. Gays and lesbians by the hundreds of thousands responded to a less repressive environment by coming out of the closet. Straight people started to know the gay and lesbian people in their lives, and their view of gay rights shifted accordingly. Same-sex couples embarked on years-long legal struggles to try to force states to recognize their marriages. In courtrooms across the U.S. social scientists behind a new consensus about the normalcy of gay couples and the health of their children won victories over fringe scholars promoting discredited antigay views. In a few short years marriage equality, which had once seemed totally unrealistic, became realistic. And then almost as soon as it was realistic, marriage equality became a reality"--Back cover.
Download or read book Redeeming the Dream written by David Boies and published by Penguin. This book was released on 2015 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition published under the title Redeeming the dream: the case for marriage equality.
Download or read book Courting Justice written by Joyce Murdoch and published by . This book was released on 2002-05-09 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1958, twenty-five men and two women have forced the Supreme Court to consider whether the Constitution's promises of equal protection apply to gay Americans. Here Joyce Murdoch and Deb Price reveal how the nation's highest court has reacted to these cases--from the surprising 1958 victory of a tiny homosexual magazine to the 2000 defeat of a gay Eagle Scout. A triumph of investigative reporting, Courting Justice gives us an inspiring new perspective on the struggle for civil rights in America.
Download or read book Rainbow Rights written by Patricia Cain and published by Routledge. This book was released on 2018-02-20 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the substantive state of the law with regard to lesbian and gay rights. It begins with some background information to put the modern fight for lesbian and gay rights in its proper historical context, then categorizes lesbian and gay rights claims into three areas-individual rights in private contexts, individual rights in public contexts, and couple or family rights thought of as private but pushing into the public sphere-that add up to a single principle: the right to be human in a modern society.Arguing against the popular misconception that the Lesbian and Gay Rights Movement began with Stonewall in 1969, Patricia Cain shows that the first gay rights organization in the United States was formed in 1924 in Chicago. From the Mattachine Society in Los Angeles and the Daughters of Bilitis in San Francisco, to the formation of the Society for Individual Rights (SIR) in 1964, the book examines the ways that these early organizations, although different from today's gay rights groups, served as important contributions to the modern fight for lesbian and gay legal rights. The author looks at how the most important cases of the 1950s and 1960s--the political battles over keeping gay and lesbian bars open and the fight by government employees to keep their jobs during the governmental purge of suspected homosexuals along with suspected communists during the McCarthy era--have helped to shape the state of the law today. By exploring the background, key cases, and important issues yet to be resolved, Rainbow Rights translates the legal claims and arguments into accessible language and concepts which will be of interest not only to lawyers and law students, but also to persons not trained in the law.
Download or read book Elite Led Mobilization and Gay Rights written by Benjamin George Bishin and published by University of Michigan Press. This book was released on 2021-09-14 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Media and scholastic accounts describe a strong public opinion backlash—a sharply negative and enduring opinion change—against attempts to advance gay rights. Academic research, however, increasingly questions backlash as an explanation for opposition to LGBT rights. Elite-Led Mobilization and Gay Rights argues that what appears to be public opinion backlash against gay rights is more consistent with elite-led mobilization—a strategy used by anti-gay elites, primarily white evangelicals, seeking to prevent the full incorporation of LGBT Americans in the polity in order to achieve political objectives and increase political power. This book defines and tests the theory of Mass Opinion Backlash and develops and tests the theory of Elite-Led Mobilization by employing a series of online and natural experiments, surrounding the U.S. Supreme Court rulings in Obergefell v. Hodges and United States v. Windsor, and President Obama’s position change on gay marriage. To evaluate these theories, the authors employ extensive survey, voting behavior, and campaign finance data, and examine the history of the LGBT movement and its opposition by religious conservatives, from the Lavender Scare to the campaign against Trans Rights in the defeat of Houston’s 2015 HERO ordinance. Their evidence shows that opposition to LGBT rights is a top-down process incited by anti-gay elites rather than a bottom-up reaction described by public opinion backlash.
Download or read book Global Perspectives on Same Sex Marriage written by Bronwyn Winter and published by Springer. This book was released on 2017-11-08 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative, neo-institutionalist approach to the different factors impacting state adoption of—or refusal to adopt—same-sex marriage laws. The now twenty-one countries where lesbians and gay men can legally marry include recent or longstanding democracies, republics and parliamentary monarchies, and unitary and federal states. They all reflect different positions with respect to religion and the cultural foundations of the nation. Countries opposed to such legalization, and those having taken measures in recent years to legally reinforce the heterosexual fundaments of marriage, present a similar diversity. This diversity, in a globalized context where the idea of same-sex marriage has become integral to claims for LGBTI equality and indeed LGBTI human rights, gives rise to the following question: which factors contribute to institutionalizing same-sex marriage? The analytical framework used for exploring these factors in this book is neo-institutionalism. Through three neo-institutionalist lenses—historical, sociological and discursive—contributors investigate two aspects of the processes of adoption or opposition of equal recognition of same-sex partnerships. Firstly, they reveal how claims by LGBTIQ movements are being framed politically and brought to parliamentary politics. Secondly, they explore the ways in which same-sex marriage becomes institutionalized (or resisted) through legal and societal norms and practices. Although it adopts neo-institutionalism as its main theoretical framework, the book incorporates a broad range of perspectives, including scholarship on social movements, LGBTI rights, heterosexuality and social norms, and gender and politics.
Download or read book Strangers to the Law written by Lisa Keen and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1992, the voters of Colorado passed a ballot initiative amending the state constitution to prevent the state or any local government from adopting any law or policy that protected a person with a homosexual, lesbian, or bisexual orientation from discrimination. This amendment was immediately challenged in the courts as a denial of equal protection of the laws under the United States Constitution. This litigation ultimately led to a landmark decision by the United States Supreme Court invalidating the Colorado ballot initiative. Suzanne Goldberg, an attorney involved in the case from the beginning on behalf of the Lambda Legal Defense and Education Fund, and Lisa Keen, a journalist who covered the initiative campaign and litigation, tell the story of this case, providing an inside view of this complex and important litigation.
Download or read book Constitutional Law for a Changing America written by Lee Epstein and published by CQ Press. This book was released on 2021-08-04 with total page 1036 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political factors influence judicial decisions. Arguments and input from lawyers and interest groups, shifting public opinion, and the ideological and behavioral inclinations of the justices collectively influence the development of constitutional doctrine. In Constitutional Law for a Changing America, bestselling authors Lee Epstein, Kevin T. McGuire, and Thomas G. Walker draw on both political science and legal studies to analyze and excerpt cases, accounting for recent landmark court decisions, including key opinions handed down through the 2020 term. Updated with additional material such as recent court rulings, more than 500 supplemental cases, and greater coverage of freedom of expression, this Eleventh Edition will develop students’ understanding of how the U.S. Constitution protects civil rights and liberties. Included with this text The online resources for your text are available via the password-protected Instructor Resource Site.
Download or read book Minority Voting in the United States written by Kyle L. Kreider and published by Bloomsbury Publishing USA. This book was released on 2015-12-07 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the voting behaviors of the various minority groups in the United States and how will they shape the elections of tomorrow? This book explores the history of minority voting blocs and their influence on future American elections. According to current scholarship, the Caucasian population of the United States is expected to be a minority by 2042. As the white majority disappears and politics shift with the changing tide, it is important to understand the voting behaviors of the significant minority voting blocs in the United States. In this book, a variety of voting blocs are examined: African Americans, women, Native Americans, Latinos (Mexicans, Cubans, Puerto Ricans), South Asians (Indians, Pakistanis, Bangladeshis), East Asians (Chinese, Japanese, Koreans), Filipinos, Pacific Islanders, Arab Americans, Muslim Americans, Jewish Americans, and the LGBT community. In addition to factual and historical information about the minority voting blocs, chapters also explore how Section 5 of the Voting Rights Act of 1965, felon disenfranchisement laws, and voter ID laws impact a minority group's voting rights. Finally, the authors and contributors anticipate which issues are likely to influence each group's voters and affect future elections.
Download or read book Below the Radar written by Alison L. Gash and published by Oxford University Press. This book was released on 2015-04-08 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1993, the nation exploded into anti-same sex marriage fervor when the Hawaii Supreme Court issued its decision to support marriage equality for gay and lesbian couples. Opponents feared that all children, but especially those raised by lesbian or gay couples, would be harmed by the possibility of same-sex marriage, and warned of the consequences for society at large. Congress swiftly enacted the Defense of Marriage Act, defining marriage as between a man and a woman, and many states followed suit. Almost a decade before the Hawaii court issued its decision, however, several courts in multiple states had granted gay and lesbian couples co-parenting status, permitting each individual in the couple to be legally recognized as joint parents over their children. By 2006, advocates in half the states had secured court decisions supporting gay and lesbian co-parenting, and incurred far fewer public reprisals than on the marriage front. What accounts for the stark difference in reactions to two contemporaneous same-sex family policy fights? In Below the Radar, Alison Gash argues that advocacy visibility has played a significant role in determining whether advocacy efforts become mired in conflict or bypass hostile backlash politics. Same-sex parenting advocates are not alone in crafting low-visibility advocacy strategies to ward off opposition efforts. Those who operate, reside in, and advocate for group homes serving individuals with disabilities have also used below-the-radar strategies to diminish the damage cause by NIMBY ("not in my back yard") responses to their requests to move into single-family neighborhoods. Property owners have resorted to slander, subterfuge, or even arson to discourage group homes from locating in their neighborhoods, and for some advocates, secrecy provides the best elixir. Not every fight for civil rights grabs headlines, but sometimes, this is by design. Gash's groundbreaking analyses of these strategies provide a glimpse of the prophylactic and palliative potential of low-visibility advocacy.
