The Courts The Ballot Box And Gay Rights

Author: Joseph Mello
Publisher:
ISBN: 9780700622917
Size: 11.56 MB
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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.

Global Perspectives On Same Sex Marriage

Author: Bronwyn Winter
Publisher: Springer
ISBN: 3319627643
Size: 68.11 MB
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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.

Debating Same Sex Marriage

Author: John Corvino
Publisher: OUP USA
ISBN: 0199756325
Size: 71.74 MB
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This volume presents both sides of the debate over whether same-sex marriage should be legalized.

Lgbtq Politics

Author: Marla Brettschneider
Publisher: NYU Press
ISBN: 1479834092
Size: 49.96 MB
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A definitive collection of original essays on queer politics From Harvey Milk to ACT UP to Proposition 8, no political change in the last two decades has been as rapid as the advancement of civil rights for LGBTQ people. As we face a critical juncture in progressive activism, political science, which has been slower than most disciplines to study the complexity of queer politics, must grapple with the shifting landscape of LGBTQ rights and inclusion. LGBTQ Politics analyzes both the successes and obstacles to building the LGBTQ movement over the past twenty years, offering analyses that point to possibilities for the movement’s future. Essays cover a range of topics, including activism, law, and coalition-building, and draw on subfields such as American politics, comparative politics, political theory, and international relations. LGBTQ Politics presents the full range of methodological, ideological, and substantive approaches to LGBTQ politics that exist in political science. Analyses focused on mainstream institutional and elite politics appear alongside contributions grounded in grassroots movements and critical theory. While some essays celebrate the movement’s successes and prospects, others express concerns that its democratic basis has become undermined by a focus on funding power over people power, attempts to fragment the LGBTQ movement from racial, gender and class justice, and a persistent attachment to single-issue politics. A comprehensive, thought-provoking collection, LGBTQ Politics: A Critical Reader will give rise to continued critical discussion of the parameters of LGBTQ politics.

American Marriage

Author: Priscilla Yamin
Publisher: University of Pennsylvania Press
ISBN: 0812206649
Size: 18.16 MB
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As states across the country battle internally over same-sex marriage in the courts, in legislatures, and at the ballot box, activists and scholars grapple with its implications for the status of gays and lesbians and for the institution of marriage itself. Yet, the struggle over same-sex marriage is only the most recent political and public debate over marriage in the United States. What is at stake for those who want to restrict marriage and for those who seek to extend it? Why has the issue become such a national debate? These questions can be answered only by viewing marriage as a political institution as well as a religious and cultural one. In its political dimension, marriage circumscribes both the meaning and the concrete terms of citizenship. Marriage represents communal duty, moral education, and social and civic status. Yet, at the same time, it represents individual choice, contract, liberty, and independence from the state. According to Priscilla Yamin, these opposing but interrelated sets of characteristics generate a tension between a politics of obligations on the one hand and a politics of rights on the other. To analyze this interplay, American Marriage examines the status of ex-slaves at the close of the Civil War, immigrants at the turn of the twentieth century, civil rights and women's rights in the 1960s, and welfare recipients and gays and lesbians in the contemporary period. Yamin argues that at moments when extant political and social hierarchies become unstable, political actors turn to marriage either to stave off or to promote political and social changes. Some marriages are pushed as obligatory and necessary for the good of society, while others are contested or presented as dangerous and harmful. Thus political struggles over race, gender, economic inequality, and sexuality have been articulated at key moments through the language of marital obligations and rights. Seen this way, marriage is not outside the political realm but interlocked with it in mutual evolution.

Law And The Gay Rights Story

Author: Walter Frank
Publisher: Rutgers University Press
ISBN: 0813568722
Size: 53.11 MB
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For much of the 20th century, American gays and lesbians lived in fear that public exposure of their sexualities might cause them to be fired, blackmailed, or even arrested. Today, they are enjoying an unprecedented number of legal rights and protections. Clearly, the tides have shifted for gays and lesbians, but what caused this enormous sea change? In his gripping new book, Walter Frank offers an in-depth look at the court cases that were pivotal in establishing gay rights. But he also tells the story of those individuals who were willing to make waves by fighting for those rights, taking enormous personal risks at a time when the tide of public opinion was against them. Frank’s accessible style brings complex legal issues down to earth but, as a former litigator, never loses sight of the law’s human dimension and the context of the events occurring outside the courtroom. Chronicling the past half-century of gay and lesbian history, Law and the Gay Rights Story offers a unique perspective on familiar events like the Stonewall Riots, the AIDS crisis, and the repeal of “Don’t Ask, Don’t Tell.” Frank pays special attention to the constitutional issues surrounding same-sex marriage and closely analyzes the two recent Supreme Court cases addressing the issue. While a strong advocate for gay rights, Frank also examines critiques of the movement, including some coming from the gay community itself. Comprehensive in coverage, the book explains the legal and constitutional issues involved in each of the major goals of the gay rights movement: a safe and healthy school environment, workplace equality, an end to anti-gay violence, relationship recognition, and full integration into all the institutions of the larger society, including marriage and military service. Drawing from extensive archival research and from decades of experience as a practicing litigator, Frank not only provides a vivid history, but also shows where the battle for gay rights might go from here.

The Advocate

Author:
Publisher:
ISBN:
Size: 37.40 MB
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The Advocate is a lesbian, gay, bisexual, transgender (LGBT) monthly newsmagazine. Established in 1967, it is the oldest continuing LGBT publication in the United States.

Gay Rights At The Ballot Box

Author: Amy L. Stone
Publisher: U of Minnesota Press
ISBN: 0816675473
Size: 50.81 MB
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Explores the history and evolution of the gay rights movement, focusing on activists' campaigns to prevent numerous anti-gay ballot measures from becoming law.

Same Sex Different Politics

Author: Gary Mucciaroni
Publisher: University of Chicago Press
ISBN: 0226544109
Size: 57.29 MB
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Why is it so much harder for American same-sex couples to get married than it is for them to adopt children? And why does our military prevent gays from serving openly even though jurisdictions nationwide continue to render such discrimination illegal? Illuminating the conditions that engender these contradictory policies, Same Sex, Different Politics explains why gay rights advocates have achieved dramatically different levels of success from one policy area to another. The first book to compare results across a wide range of gay rights struggles, this volume explores debates over laws governing military service, homosexual conduct, adoption, marriage and partner recognition, hate crimes, and civil rights. It reveals that in each area, the gay rights movement’s achievements depend both on Americans’ perceptions of its demands and on the political venue in which the conflict plays out. Adoption policy, for example, generally takes shape in a decentralized system of courts that enables couples to target sympathetic judges, while fights for gay marriage generally culminate in legislation or ballot referenda against which it is easier to mount opposition. Brilliantly synthesizing all the factors that contribute to each kind of outcome, Same Sex, Different Politics establishes a new framework for understanding the trajectory of a movement.

What Is Marriage

Author: Sherif Girgis
Publisher: Encounter Books
ISBN: 1594036233
Size: 58.72 MB
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Until yesterday, no society had seen marriage as anything other than a conjugal partnership: a male-female union. What Is Marriage? identifies and defends the reasons for this historic consensus and shows why redefining civil marriage is unnecessary, unreasonable, and contrary to the common good. Originally published in the Harvard Journal of Law and Public Policy, this book’s core argument quickly became the year’s most widely read essay on the most prominent scholarly network in the social sciences. Since then, it has been cited and debated by scholars and activists throughout the world as the most formidable defense of the tradition ever written. Now revamped, expanded, and vastly improved, What Is Marriage? stands poised to meet its moment as few books of this generation have. Rhodes Scholar Sherif Girgis, Heritage Foundation Fellow Ryan T. Anderson, and Robert P. George offer a devastating critique of the idea that equality requires redefining marriage. They show why both sides must first answer the question of what marriage really is. They defend the principle that marriage, as a comprehensive union of mind and body ordered to family life, unites a man and a woman as husband and wife, and they document the social value of applying this principle in law. Most compellingly, they show that those who embrace same-sex civil marriage leave no firm ground—none—for not recognizing every relationship describable in polite English, including polyamorous sexual unions, and that enshrining their view would further erode the norms of marriage, and hence the common good. Finally, What Is Marriage? decisively answers common objections: that the historic view is rooted in bigotry, like laws forbidding interracial marriage; that it is callous to people’s needs; that it can’t show the harm of recognizing same-sex couplings, or the point of recognizing infertile ones; and that it treats a mere “social construct” as if it were natural, or an unreasoned religious view as if it were rational. If the marriage debate in America is decided soon, it will be with this book’s help or despite its powerful arguments.