Courts, Liberalism, and Rights: Gay Law and Politics in the United States and Canada

By Jason Pierceson | Go to book overview

Notes

CHAPTER 1

1. 2 S.C.R. 3 (1999).

2. “Quebec Oks Civil Unions, Adoption Rights,” PlanetOut.com, June 7, 2002; “Controversial Same Sex Bill Passes Commons,” Canadian Press Newswire, April 11, 2000.

3. Clifford Krauss, “Canadian Leaders Agree to Propose Gay Marriage Law,” New York Times, June 18, 2003; “Gay marriage presented to Canadian court,” Associated Press Canada, October 6, 2004.

4. 49 U.S. 186 (1986). The Supreme Court has, however, recently overruled this decision in Lawrence v. Texas using language that might signal a change in outlook toward same-sex marriage.

5. Abram Chayes, “The Role of the Judge in Public Law Litigation,” Harvard Law Review (1976), 1308.

6. Patrick Atiyah and Robert Sommers, Form and Substance in Anglo-American Law (New York: Oxford University Press, 1987), 377.

7. Ibid., 391.

8. See Nancy Maveety and Anke Grosskopf, “'Constrained' Constitutional Courts as Conduits for Democratic Consolidation,” Law and Society Review 38:3 (2004), 463–88; Rachael A. Cichowski, “Women's Rights, the European Court, and Supranational Constitutionalism,” Law and Society Review 38:3 (2004), 489–513; Neal C. Tate and Torbjorn Vallinder, eds., The Global Expansion of Judicial Power (New York: NYU Press, 1995).

9. Charles Epp, The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective (Chicago: University of Chicago Press, 1998); Ran Hirschl, Towards Jurisdocracy: The Origins and Consequences of the New Constitutionalism (Cambridge: Harvard University Press, 2004).

10. R. Shep Melnick, Between the Lines: Interpreting Welfare Rights (Washington, D.C.: Brookings, 1994), 16.

11. Ibid., 274.

12. Ibid., 280.

13. Elizabeth Bussiere, (Dis)Entitling the Poor: The Warren Court, Welfare Rights, and the American Political Tradition (University Park, Penn.: Penn State University Press, 1997).

14. See Mary Ann Glendon, Rights Talk: The Impoverishment of Political Discourse (Free Press, 1993), and Stuart Scheingold, The Politics of Rights: Lawyers, Public Policy and Political Change, 2nd ed. (Ann Arbor: University of Michigan Press, 2004).

15. See Robert Dahl, “Decision-Making in a Democracy: The Supreme Court as a National Policymaker,” Journal of Public Law 6 (1957), 279–295; Martin Shapiro, “Political Jurisprudence, Kentucky Law Journal 52 (1964), 294; Gerald Rosenberg, The Hollow Hope: Can Courts Bring About Social Change? (Chicago: University of Chicago Press, 1991).

16. David A.J. Richards. Toleration and the Constitution (New York: Oxford University Press, 1986), 12.

17. Scheingold, The Politics of Rights, 107.

-199-

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Courts, Liberalism, and Rights: Gay Law and Politics in the United States and Canada
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Acknowledgments vii
  • 1: Introduction 1
  • 2: U.S. Federal Courts and Gay Rights a History of Hesitancy 21
  • 3: Liberalism and Gay Politics 33
  • 4: Toward a Better Liberalism 49
  • 5: Sodomy Laws, Courts, and Liberalism 62
  • 6: Lessons from Continued Sodomy Adjudication 77
  • 7: Courts and Same-Sex Marriage in the United States 104
  • 8: Courts and Same-Sex Marriage in the United States 130
  • 9: Developments After Vermont 144
  • 10: Canada 165
  • 11: Courts, Social Change, and the Power of Legal Liberalism 187
  • 12: Conclusion 195
  • Notes 199
  • Index 247
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