From the Closet to the Altar: Courts, Backlash, and the Struggle for Same

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ISBN
9780199922109
Kategorie

Über dieses Produkt

Product Identifiers

Publisher
Oxford University Press, Incorporated
ISBN-10
0199922101
ISBN-13
9780199922109
eBay Product ID (ePID)
117287845

Product Key Features

Book Title
From the Closet to the Altar : Courts, Backlash, and the Struggle for Same-Sex Marriage
Number of Pages
288 Pages
Language
English
Publication Year
2012
Topic
Lgbt Studies / General, General, Sociology / Marriage & Family
Illustrator
Yes
Genre
Law, Social Science
Author
Michael J. Klarman
Format
Hardcover

Dimensions

Item Height
1.1 in
Item Weight
17.6 Oz
Item Length
6.1 in
Item Width
9.3 in

Additional Product Features

Intended Audience
Trade
LCCN
2012-023121
Dewey Edition
23
Reviews
"A fascinating read, full of detail, and an important contribution to our understanding of the legal and political influences on America's fastest moving social change movement."--Richard Socarides, former Clinton White House Special Assistant, attorney and long-time gay rights advocate"Michael Klarman, a distinguished legal historian and constitutional scholar, has written a fascinating and authoritative history of the efforts through litigation to legalize homosexual marriage-efforts that seemed at first fated only to create a backlash against homosexual rights, yet that eventually merged with a surprising evolution of American public opinion in favor of legalization, and may be on the brink of success. His book is indispensable tounderstanding a legal movement that is being compared to the legal movement to desegregate the South."--Judge Richard A. Posner, United States Court of Appeals for the Seventh Circuit"Litigation has played a key role in catalyzing-and helping to win-gay people's struggle to achieve marriage equality. But these court victories have not been without their political costs. Michael Klarman assesses these intertwining stories with insight and objectivity, making his book a must-read for anyone interested in how courts shape the trajectories of social movements."--Patrick Egan, New York University"Klarman's historical account is comprehensive, trenchant, and provocative." --The New York Review of Books, "A fascinating read, full of detail, and an important contribution to our understanding of the legal and political influences on America's fastest moving social change movement."--Richard Socarides, former Clinton White House Special Assistant, attorney and long-time gay rights advocate "Michael Klarman, a distinguished legal historian and constitutional scholar, has written a fascinating and authoritative history of the efforts through litigation to legalize homosexual marriage-efforts that seemed at first fated only to create a backlash against homosexual rights, yet that eventually merged with a surprising evolution of American public opinion in favor of legalization, and may be on the brink of success. His book is indispensable to understanding a legal movement that is being compared to the legal movement to desegregate the South."--Judge Richard A. Posner, United States Court of Appeals for the Seventh Circuit "Litigation has played a key role in catalyzing-and helping to win-gay people's struggle to achieve marriage equality. But these court victories have not been without their political costs. Michael Klarman assesses these intertwining stories with insight and objectivity, making his book a must-read for anyone interested in how courts shape the trajectories of social movements."--Patrick Egan, New York University, "A fascinating read, full of detail, and an important contribution to our understanding of the legal and political influences on America's fastest moving social change movement."--Richard Socarides, former Clinton White House Special Assistant, attorney and long-time gay rights advocate "Michael Klarman, a distinguished legal historian and constitutional scholar, has written a fascinating and authoritative history of the efforts through litigation to legalize homosexual marriage-efforts that seemed at first fated only to create a backlash against homosexual rights, yet that eventually merged with a surprising evolution of American public opinion in favor of legalization, and may be on the brink of success. His book is indispensable to understanding a legal movement that is being compared to the legal movement to desegregate the South."--Judge Richard A. Posner, United States Court of Appeals for the Seventh Circuit "Litigation has played a key role in catalyzing-and helping to win-gay people's struggle to achieve marriage equality. But these court victories have not been without their political costs. Michael Klarman assesses these intertwining stories with insight and objectivity, making his book a must-read for anyone interested in how courts shape the trajectories of social movements."--Patrick Egan, New York University "Klarman's historical account is comprehensive, trenchant, and provocative." --The New York Review of Books
Dewey Decimal
346.7301/68
Table Of Content
1. World War II to Stonewall2. Stonewall to Bowers v. Hardwick3. Hawaii4. Vermont5. Massachusetts6. Post-Goodridge to Proposition 87. To The Present8. Why Backlash?9. Conclusions and Predictions
Synopsis
Same-sex marriage has become one of the most volatile issues in American politics. But if most young people support gay marriage, and if there are clear indicators that a substantial majority of the population will soon favor it, why has the outcry against it been so strong? Bancroft Prize-winning historian and legal expert Michael Klarman here offers an illuminating and engaging account of modern litigation over same-sex marriage. After looking at the treatment of gays in the decades after World War II and the birth of the modern gay rights movement with the Stonewall Rebellion in 1969, Klarman describes the key legal cases involving gay marriage and the dramatic political backlashes they ignited. He examines the Hawaii Supreme Court's ruling in 1993, which sparked a vast political backlash - with more than 35 states and Congress enacting defense-of-marriage acts - and the Massachusetts decision in Goodridge in 2003, which inspired more than 25 states to adopt constitutional bans on same-sex marriage. Klarman traces this same pattern - court victory followed by dramatic backlash - through cases in Vermont, California, and Iowa, taking the story right up to the present. He also describes some of the collateral political damage caused by court decisions in favor of gay marriage - Iowa judges losing their jobs, Senator Majority Leader Tom Daschle losing his seat, and the possibly dispositive impact of gay marriage on the 2004 presidential election. But Klarman also notes several ways in which litigation has accelerated the coming of same-sex marriage: forcing people to discuss the issue, raising the hopes and expectations of gay activists, and making other reforms like civil unions seem more moderate by comparison. In the end, Klarman discusses how gay marriage is likely to evolve in the future, predicts how the U.S. Supreme Court might ultimately resolve the issue, and assesses the costs and benefits of activists' pursuing social reforms such as gay marriage through the courts. From the Closet to the Altar will stand as the definitive one-volume history of the tumultuous emergence of same-sex marriage in American life as well as a landmark study of litigation, social reform, and the phenomenon of political backlash to court decisions., Same-sex marriage has become one of the most volatile issues in American politics. But if most young people support gay marriage, and if there are clear indicators that a substantial majority of the population will soon favor it, why has the outcry against it been so strong?, Same-sex marriage has become one of the most volatile issues in American politics. But if most young people support gay marriage, and if there are clear indicators that a substantial majority of the population will soon favor it, why has the outcry against it been so strong? Bancroft Prize-winning historian and legal expert Michael Klarman here offers an illuminating and engaging account of modern litigation over same-sex marriage. After looking at the treatment of gays in the decades after World War II and the birth of the modern gay rights movement with the Stonewall Rebellion in 1969, Klarman describes the key legal cases involving gay marriage and the dramatic political backlashes they ignited. He examines the Hawaii Supreme Court's ruling in 1993, which sparked a vast political backlash--with more than 35 states and Congress enacting defense-of-marriage acts--and the Massachusetts decision in Goodridge in 2003, which inspired more than 25 states to adopt constitutional bans on same-sex marriage. Klarman traces this same pattern--court victory followed by dramatic backlash--through cases in Vermont, California, and Iowa, taking the story right up to the present. He also describes some of the collateral political damage caused by court decisions in favor of gay marriage--Iowa judges losing their jobs, Senator Majority Leader Tom Daschle losing his seat, and the possibly dispositive impact of gay marriage on the 2004 presidential election. But Klarman also notes several ways in which litigation has accelerated the coming of same-sex marriage: forcing people to discuss the issue, raising the hopes and expectations of gay activists, and making other reforms like civil unions seem more moderate by comparison. In the end, Klarman discusses how gay marriage is likely to evolve in the future, predicts how the U.S. Supreme Court might ultimately resolve the issue, and assesses the costs and benefits of activists' pursuing social reforms such as gay marriage through the courts. From the Closet to the Altar will stand as the definitive one-volume history of the tumultuous emergence of same-sex marriage in American life as well as a landmark study of litigation, social reform, and the phenomenon of political backlash to court decisions., Same-sex marriage, a politically and culturally untenable idea only a quarter century ago, has become one of the most controversial issues in American life. Social conservatives are adamantly opposed to it and vote-conscious liberal politicians tiptoe around it, but an emerging majority's support for it makes it seem all but inevitable. While most observers seem to think that the legalization of gay marriage across the nation will occur at some point in the near future, in the meantime it continues to generate a sharp political backlash that has helped its opponents score political victories (even if they prove to be short-lived). If most young people support gay marriage, and if there are clear indicators that a majority of the population will support it in the very near future, why is the backlash so strong? As Michael Klarman will show in From the Closet to the Altar, it is because its proponents have adopted a court-centered approach for advancing their cause. In many states, advocates have taken to the courts and argued that bans on gay marriage are denials of civil rights. They have followed the path of earlier civil rights advocates, who also chose the court rather than the political arena as a forum to decide issues. But as Klarman shows, this tactic comes with clear costs. Using the courts to leapfrog public opinion can actually set a cause back because court decisions generate backlashes. Usually, judges are neither elected nor beholden to public opinion, and they are easily pegged as unaccountable elites by opponents. Klarman, who has examined virtually every state-level judicial decision and all of the legislative attempts to overturn same-sex marriage, contends that the movement has in many respects not only hurt its own cause by generating populist backlash, but has created a countervailing social movement that works against progressive causes on a host of other issues. Given the irreversible tectonic shift in public opinion regarding the issue, he argues that it will occur anyway. By providing such fuel to its opponents (much like with Roe v. Wade), the movement is in danger of creating a powerful countermovement that will use the issue for proponents of gay rights for years to come. Concise yet sweeping in scope, From the Closet to the Altar is not only a worthy successor to his Bancroft Prize-winning From Jim Crow to Civil Rights, it will reshape how we think about the issue., Same-sex marriage has become one of the most volatile issues in American politics. But if most young people support gay marriage, and if there are clear indicators that a substantial majority of the population will soon favor it, why has the outcry against it been so strong? Bancroft Prize-winning historian and legal expert Michael Klarman offers here an illuminating and engaging account of modern litigation over same-sex marriage. After looking at the treatment of gays in the decades after World War II and the birth of the modern gay rights movement with the Stonewall Rebellion in 1969, Klarman describes the key legal cases involving gay marriage and the dramatic political backlashes they ignited. He examines the Hawaii Supreme Court's ruling in 1993, which sparked a vast political backlash--with more than 35 states and Congress enacting defense-of-marriage acts--and the Massachusetts decision in Goodridge in 2003, which inspired more than 25 states to adopt constitutional bans on same-sex marriage. Klarman traces this same pattern--court victory followed by dramatic backlash--through cases in Vermont, California, and Iowa, taking the story right up to the present. He also describes some of the collateral political damage caused by court decisions in favor of gay marriage--Iowa judges losing their jobs, Senator Majority Leader Tom Daschle losing his seat, and the possibly dispositive impact of gay marriage on the 2004 presidential election. But Klarman also notes several ways in which litigation has accelerated the coming of same-sex marriage: forcing people to discuss the issue, raising the hopes and expectations of gay activists, and making other reforms like civil unions seem more moderate by comparison. In the end, Klarman discusses how gay marriage is likely to evolve in the future, predicts how the U.S. Supreme Court might ultimately resolve the issue, and assesses the costs and benefits of activists pursuing social reforms such as gay marriage through the courts. From the Closet to the Altar will stand as the definitive one-volume history of the tumultuous emergence of same-sex marriage in American life as well as a landmark study of litigation, social reform, and the phenomenon of political backlash to court decisions.
LC Classification Number
KF539.K53 2012

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