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.

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.

Morality at the Ballot examines the ability of direct democracy (the process of deciding policy through the ballot) to increase turnout. In contrast to previous studies, Daniel R. Biggers shows that this ability is much more limited than currently thought. Using ballot matters that address morality policy, combined with experimental and election data from the past twenty years, he demonstrates how and when direct democracy can increase participation, affect who votes, and influence electoral and policy outcomes.

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

A New York Times Notable Book of the Year | A Washington Post Best Book of the Year “[A] riveting legal drama, a snapshot in time, when the gay rights movement altered course and public opinion shifted with the speed of a bullet train... Becker’s most remarkable accomplishment is to weave a spellbinder of a tale that, despite a finale reported around the world, manages to keep readers gripped until the very end.” - The Washington Post A groundbreaking work of reportage by Pulitzer Prize-winning journalist Jo Becker, Forcing the Spring is the definitive account of five remarkable years in American civil rights history, when the United States experienced a tectonic shift on the issue of marriage equality. Focusing on the historic legal challenge of California’s ban on same-sex marriage, Becker offers a gripping, behind-the scenes narrative told with the lightning pace of a great legal thriller. Taking the reader from the Oval Office to the Supreme Court ruling, from state-by-state campaigns to an astounding shift in national public opinion, Forcing the Spring is political and legal journalism at its finest.

In Courthouse Democracy and Minority Rights: Same-Sex Marriage in the States, Robert J. Hume shows how increasing the democratic accountability of courts has limited the ability of judges to act as reform agents. When judges are elected, or when their decisions can be easily overturned with initiative amendment procedures, they lose the capacity to stand up for the rights of the minorities.

The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.

The Ashgate Research Companion to Lesbian and Gay Activism provides scholars and students with a comprehensive and authoritative state-of-the-art review of the current research in this subject. Each of the 22 specially commissioned chapters develops and summarises their key issue or debate in relation to activism-that is the claims, strategies and mobilisations (including internal debates and divisions, impediments and state responses) of the lesbian and gay movement. By drawing together leading scholars from political science, sociology, anthropology and history this companion provides an up to the minute snapshot of current scholarship as well as signposting several fruitful avenues for future research. This book is both an invaluable resource for scholars and an indispensable teaching tool for use in the classroom.

Grassroots America supports LBGTQ rights even when leaders do not

Over the past 30 years, the gay rights movement has moved from the margins to the center of American politics, sparking debate from bedroom to boardroom to battlefield. Out of the Closets and into the Courts analyzes recent gay rights cases and explores the complex relationship between litigation and social change. “An excellent book, enlightening and well-written. Out of the Closets and into the Courts should be highly useful in the classroom and of interest to a broad audience.” --Evan Gerstmann, Loyola Marymount University “A detailed historical analysis of changes in the law surrounding gay and lesbian relationships, Out of the Closets and into the Courts also breaks fresh ground in thinking about how and when law can be used to affect social change. The concept of a legal opportunity structure, which complements the concept of political opportunity structure, proves to be very useful in analyzing judicial changes in the law. A very impressive analysis.” --Mayer Zald, Professor Emeritus, University of Michigan “Ellen Andersen's book integrates sophisticated sociolegal theory and thorough empirical research into a compelling, insightful analysis of legal mobilization campaigns led by the Lambda Legal Defense and Education Fund. This study makes a significant contribution to scholarship about struggles over gay rights in the U.S. and about legal reform politics in general.” --Michael McCann, University of Washington Ellen Ann Andersen is Assistant Professor of Political Science at Indiana University-Purdue University Indianapolis.