Courts, Liberalism, and Rights: Gay Law and Politics in the United States and CanadaTemple University Press, 2005 - 264 páginas In the courts, the best chance for achieving a broad set of rights for gays and lesbians lies with judges who view liberalism as grounded in an expansion of rights rather than a constraint of government activity. At a time when most gay and lesbian politics focuses only on the issue of gay marriage, "Courts, Liberalism, and Rights "guides readers through a nuanced discussion of liberalism, court rulings on sodomy laws and same-sex marriage, and the comparative progress gays and lesbians have made via the courts in Canada. As debates continue about the ability of courts to affect social change, Jason Pierceson argues that this is possible. He claims that the greatest opportunity for reform via the judiciary exists when a judiciary with broad interpretive powers encounters a political culture that endorses a form of liberalism based on broadly conceived individual rights; not a negative set of rights to be held against the state, but a set of rights that recognizes the inherent dignity and worth of every individual. |
Índice
| 1 | |
| 21 | |
| 33 | |
Toward a Better Liberalism | 49 |
Sodomy Laws Courts and Liberalism | 62 |
Lessons from Continued Sodomy Adjudication | 77 |
Courts and SameSex Marriage in the United States Hawaii and Alaska | 104 |
Courts and SameSex Marriage in the United States Vermont | 130 |
An Evolving Jurisprudence and Its Backlash | 144 |
Canada Rethinking Courts Rights and Liberalism | 165 |
Courts Social Change and the Power of Legal Liberalism | 187 |
Conclusion | 195 |
Notes | 199 |
Index | 247 |
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Palavras e frases frequentes
activists affirmed American Appeals April 25 argued arguments asserted Associated Press Baehr benefits bill Bowers Canada Canadian challenge Charter civil unions communitarian concerns conservative constitutional amendment criminal decision democratic discrimination discussion domestic partnership equal protection favor of same-sex freedom gay and lesbian Gay Marriage gay rights claims groups Hawaii heterosexual high court homosexuality House Ibid individual institution issue judges judicial jurisprudence Justice last accessed April last accessed August last accessed October lawyers legal norms legislative legislature lesbian lesbian and gay libertarian liberty majority marriage licenses Massachusetts moral negative negative freedom opponents percent political culture poll procreation public opinion reflected reform rejected relationship equality repeal Republican right to privacy role Rosenberg Rutland Herald same-sex couples same-sex marriage same-sex marriage litigation Senate sexual minorities sexual orientation social sodomy law state's statute Sullivan Texas U.S. political U.S. Supreme Court United University Press Vermont vote York
Passagens conhecidas
Página 227 - That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community...
Página 174 - The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Página 66 - Unless a deliberate attempt is to be made by society, acting through the agency of the law, to equate the sphere of crime with that of sin, there must remain a realm of private morality and immorality which is, in brief and crude terms, not the law's business.
Página 98 - These matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the Fourteenth Amendment. At the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life. Beliefs about these matters could not define the attributes of personhood were they formed under compulsion of the State.
Página 51 - They meant to set up a standard maxim for free society which should be familiar to all, and revered by all; constantly looked to, constantly labored for, and even though never perfectly attained, constantly approximated, and thereby constantly spreading and deepening its influence and augmenting the happiness and value of life to all people of all colors everywhere.
Página 77 - Sodomy is not an act which has the approval of the majority of the people. In fact such conduct is probably offensive to the vast majority, but such opinion is not sufficient reason for the State to encroach upon the liberty of married persons in their private conduct.
Página 28 - ... fur: or even because he hates the Chicago Cubs, But if the interviewer should wish not to be an associate or partner of an applicant because he disapproves of the applicant's homosexuality, then he will have violated the pledge which the Association of American Law Schools requires all its member schools to exact from job interviewers: "assurance of the employer's willingness...
Página 34 - Paternalism is despotic, not because it is more oppressive than naked, brutal, unenlightened tyranny, nor merely because it ignores the transcendental reason embodied in me, but because it is an insult to my conception of myself as a human being, determined to make my own life in accordance with my own (not necessarily rational or benevolent) purposes, and, above all, entitled to be recognized as such by others. For if I am not so...
Página 28 - When the Court takes sides in the culture wars, it tends to be with the knights rather than the villains — and more specifically with the Templars, reflecting the views and values of the lawyer class from which the Court's Members are drawn.
Página 54 - For the private judgment of any person concerning a law enacted in political matters, for the public good, does not take away the obligation of that law, nor deserve a dispensation.