A renowned legal scholar tells the definitive story of Hollingsworth v. Perry, the trial that will stand as the most potent argument for marriage equality Speak Now tells the story of a watershed trial that unfolded over twelve tense days in California in 2010. A trial that legalized same-sex marriage in our most populous state. A trial that interrogated the nature of marriage, the political status of gays and lesbians, the ideal circumstances for raising children, and the ability of direct democracy to protect fundamental rights. A trial that stands as the most potent argument for marriage equality this nation has ever seen. In telling the story of Hollingsworth v. Perry, the groundbreaking federal lawsuit against Proposition 8, Kenji Yoshino has also written a paean to the vanishing civil trial--an oasis of rationality in what is often a decidedly uncivil debate. Above all, this book is a work of deep humanity, in which Yoshino brings abstract legal arguments to life by sharing his own story of finding love, marrying, and having children as a gay man. Intellectually rigorous and profoundly compassionate, Speak Now will stand as the definitive account of a landmark civil-rights trial.
Same-sex marriage has become one of the defining social issues in contemporary U.S. politics. State court decisions finding in favor of same-sex relationship equality claims have been central to the issue s ascent from nowhere to near the top of the national political agenda. Same Sex Marriage in the United States tells the story of the legal and cultural shift, its backlash, and how it has evolved over the past 15 years. There is a clear story of jurisprudential evolution with regards to same-sex marriage from Hawaii, through Vermont, Massachusetts, New Jersey, California, Connecticut, and, remarkably, Iowa in 2009. This book aids in a classroom examination of the legal, political, and social developments surrounding the issue of same-sex marriage in the United States. While books about same-sex marriage have proliferated in recent years, few, if any, have provided a clear and comprehensive account of the litigation for same-sex marriage, and its successes and failures, as this book does."
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 StonewallRebellion 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 tothe 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 alsonotes 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 gaymarriage 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.
Every day seems to bring news of legal challenges to existing marriage laws and the constitutionality of any form of union for same-sex partners. In this timely and accessible book, Michael Mello argues that the public debates and political battles that have divided Vermont and Massachusetts will be repeated across the country as state after state confronts the issue of legalizing gay marriage.Michael Mello examines recent landmark decisions in state and federal high courts granting civil rights protections to homosexuals. In Vermont, the Supreme Court's recommendation that legislators recognize the common humanity that links all individuals irrespective of sexual identity and consider the question of same-sex marriage resulted in the first state legislation to establish civil union. In Massachusetts, the court's ruling that gay marriage is a right protected by the state constitution has plunged the legislature into a contentious debate about a constitutional amendment. In both states, as in California and New York, public discussion of equal civil protections for gays and lesbians soon become mired in contending views of morality, religion, social mores, and the sanctity of heterosexual marriage.Mello regards the widespread and virulent opposition to any form of same-sex unions as proof that in Vermont, as elsewhere, homosexuals are indeed a despised minority in need of the law's protection. Thus, civil union laws represent only a partial victory because they create a separate and inherently unequal category of relationships for gay people. Mello's analysis of the issues provides an invaluable guide to the battles being waged in state legislatures and by politicians at the national level.