In the courts the best hope for an expansion of rights comes from judges who view liberalism as grounded in an expansion of rights rather than the constraint of government activity. "Courts, Liberalism, and Rights" begins with the premise that the courts offer the best chance for achieving a broad set of rights for gays and lesbians, particularly those courts whose judges draw on the expansive interpretation of liberalism.To make his case, Pierceson guides readers through a nuanced discussion of liberalism, court rulings on sodomy laws and same-sex marriage, and a look at the comparative example of Canada. Pierceson ends the book with a call for a return to understanding gay and lesbian issues as rights claims and an argument for a broader definition of liberalism, one that addresses not only individual freedom but the importance of equality and inclusion as well. His argument will find an audience among those who study liberalism and the judiciary as well as those in lesbian and gay studies.
Courts Liberalism And Rights
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Editorial Reviews
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"Pierceson has produced a very good analysis of gay rights issues, especially the role of activist courts in protecting rights out of the mainstream of majority culture. Highly recommended." Choice "Jason Pierceson's Courts, Liberalism, and Rights is a timely book that provides an excellent account of the major legal developments in gay rights in the United States... The book raises important questions about the progress of gay rights and fills a useful role for those straining to keep up with legal developments in this evolving frontier of civil rights ...Pierceson's extensive coverage serves a highly useful purpose." The Law and Politics Book Review "As this author persuasively shows, it is exceedingly unlikely that civil unions would have the support of so many Americans today but for the ability of the same-sex marriage litigation to place the issue of the lack of legal recognition of lesbian and gay relationships squarely before the American public...Pierceson compellingly show[s] the combination of liberal values and judicially enforced rights has produced remarkable gains in the United States for lesbians and gay men in a relatively short period of time." Perspectives on Politics "This book is an interesting contribution to the nascent empirical literature on lesbian and gay rights...Pierceson's book...should top the list for political scientists and legal scholars who wish to move beyond the stereotype of 'God versus the gays' in American politics to understand the political strategies and political processes surrounding this litigation...he is to be commended for shedding a comparative light on U.S. developments." Review of Constitution Studies
From the Publisher
Understanding approaches to liberalism through the study of the politics of gay and lesbian rights
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Key Phrases - Statistically Improbable Phrases (SIPs):
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richer liberalism, gay rights claims, gay rights litigation, liberal legal norms, procreation justification, sodomy law reform, sodomy law repeal, decriminalizing sodomy, domestic partnership bill, marriage litigation, privacy jurisprudence, humanist liberalism, domestic partnership legislation, marriage claims, civil unions law, sodomy laws, legislative repeal, privacy clause, evolving jurisprudence, substantive reasoning, domestic partnership law, moral liberalism, reform liberalism, marriage statute, privacy arguments Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Supreme Court, Continued Sodomy Adjudication, New York, Rethinking Courts, First Amendment, Judiciary Committee, New Jersey, Bill of Rights, Better Liberalism, Kentucky Constitution, Third Court of Appeals, Louisiana Constitution, Model Penal Code, Liberal Party, William Eskridge, Gerald Rosenberg, American Civil Liberties Union, New England, Defense of Marriage Act, Power of Legal Liberalism, Montana Constitution, Hawaii Constitution, Rhode Island, Massachusetts Supreme Judicial Court Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Surprise Me!
richer liberalism, gay rights claims, gay rights litigation, liberal legal norms, procreation justification, sodomy law reform, sodomy law repeal, decriminalizing sodomy, domestic partnership bill, marriage litigation, privacy jurisprudence, humanist liberalism, domestic partnership legislation, marriage claims, civil unions law, sodomy laws, legislative repeal, privacy clause, evolving jurisprudence, substantive reasoning, domestic partnership law, moral liberalism, reform liberalism, marriage statute, privacy arguments Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Supreme Court, Continued Sodomy Adjudication, New York, Rethinking Courts, First Amendment, Judiciary Committee, New Jersey, Bill of Rights, Better Liberalism, Kentucky Constitution, Third Court of Appeals, Louisiana Constitution, Model Penal Code, Liberal Party, William Eskridge, Gerald Rosenberg, American Civil Liberties Union, New England, Defense of Marriage Act, Power of Legal Liberalism, Montana Constitution, Hawaii Constitution, Rhode Island, Massachusetts Supreme Judicial Court Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Surprise Me!
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