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

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.

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.

Provides an overview of issues related to gay rights, including history, terminology, biographical information on important individuals, and a complete annotated bibliography.

This book could be aptly entitled After Marriage What Is Next for the LGBT Community? Now that marriage is increasingly being institutionalized in many states within the United States it is quite likely that marriage will be acceptable in all 50 states (dependent upon action of the U.S. Supreme Court). What lesbian, gay, bisexual, and transgender p

In the United States and Europe, an increasing emphasis on equality has pitted rights claims against each other, raising profound philosophical, moral, legal, and political questions about the meaning and reach of religious liberty. Nowhere has this conflict been more salient than in the debate between claims of religious freedom, on one hand, and equal rights claims made on the behalf of members of the lesbian, gay, bisexual, and transgender (LGBT) community, on the other. As new rights for LGBT individuals have expanded in liberal democracies across the West, longstanding rights of religious freedom -- such as the rights of religious communities to adhere to their fundamental teachings, including protecting the rights of conscience; the rights of parents to impart their religious beliefs to their children; and the liberty to advance religiously-based moral arguments as a rationale for laws -- have suffered a corresponding decline. Timothy Samuel Shah, Thomas F. Farr, and Jack Friedman's volume, Religious Freedom and Gay Rights brings together some of the world's leading thinkers on religion, morality, politics, and law to analyze the emerging tensions between religious freedom and gay rights in three key geographic regions: the United States, the United Kingdom, and continental Europe. What implications will expanding regimes of equality rights for LGBT individuals have on religious freedom in these regions? What are the legal and moral frameworks that govern tensions between gay rights and religious freedom? How are these tensions illustrated in particular legal, political, and policy controversies? And what is the proper way to balance new claims of equality against existing claims for freedom of religious groups and individuals? Religious Freedom and Gay Rights offers several explorations of these questions.

Part of the "Research in Social Movements, Conflicts and Change" series, this title contains three sections of data-driven articles that address topics central to scholarship on social movements and conflict resolution. It also showcases research on a variety of movements, organizations and conflicts in ways that contribute to theory-building.

As the 2020s began, protestors filled the streets, politicians clashed over how to respond to a global pandemic, and new scrutiny was placed on what rights US citizens should be afforded. Newly revised and expanded to address immigration, gay rights, privacy rights, affirmative action, and more, The Bill of Rights in Modern America provides clear insights into the issues currently shaping the United States. Essays explore the law and history behind contentious debates over such topics as gun rights, limits on the powers of law enforcement, the death penalty, abortion, and states' rights. Accessible and easy to read, the discerning research offered in The Bill of Rights in Modern America will help inform critical discussions for years to come.

This edited volume takes stories from the "modern West" of the late twentieth century and carefully pulls them toward the present--explicitly tracing continuity with and unexpected divergence from trajectories established in the 1980s and 1990s.

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.