The Right Stuff? Assessing the Use of Rights Discourse in Same-Sex Marriage Ballot Measure Campaigns

Polity ◽  
2019 ◽  
Vol 51 (4) ◽  
pp. 724-748 ◽  
Author(s):  
Joe Mello
2020 ◽  
pp. 159-182
Author(s):  
John Gastil ◽  
Katherine R. Knobloch

The book’s conclusion details how the Citizen’s Initiative Review (CIR) exemplifies the possibility for democratic reform. This chapter draws on the stories of several deliberative reforms to exemplify their possibilities and pitfalls. Tough some attempts at institutionalization have fallen flat, the CIR has expanded from a pilot in Oregon to a new governing body being tested and proposed across the United States. Other citizen-centered institutions, like juries, have seen similar expansion, bringing greater opportunity for self-governance to citizens across the globe. Though the diffusion of democratic reform may seem idealistic, once immovable policy can shift. One example reviewed in the chapter is same-sex marriage legalization, which swept through the United States as voters and politicians began to understand the perspectives of individuals and communities who had been denied the right to marry. In Ireland, a deliberative minipublic produced a ballot measure to legalize same-sex marriage that won public backing. The chapter, and book, concludes that democratic reform is possible but will not happen unless the public demands it—citizens, activists, politicians, and academics alike.


Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman

This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never contemplated to one in which, depending on the state, it is either expressly authorized or expressly prohibited. Same-sex marriage has posed—and continues to pose—a challenge to traditional definitions of marriage and family. But, more importantly, the issue implies broader changes in family law—the increasing role of constitutional analysis; limits on the right of government to regulate the family; and the clash between the traditional family form and a new and wider menu of intimate and household arrangements, and all this against the background of the rise of a stronger form of individualism.


2012 ◽  
Vol 1 (2) ◽  
pp. 231-256
Author(s):  
Corinne A. Seals

This paper uses the theory of intertextuality to examine the discourse surrounding California’s Proposition 8, the statewide ballot measure to reverse legalization of same-sex marriage. More specifically, this paper analyzes the newspaper reports that surfaced in February 2010, concerned with the fact that the judge deciding the case is a gay man. The initial story, which claimed that this should be a “non-issue,” sparked a multitude of articles aimed at different readerships over the following week, therein making the “non-issue” an issue. I analyze how intertextuality is used by three types of news sources (LGBT, mainstream, and Religious Right) to report the same issue but in ways specifically aimed at the ideal reader of each. I argue that the way intertextuality occurs in constructed dialogue, lexical choice, and semantic presupposition creates an ideological message meant for and decodable by each publication’s ideal reader, therein reinforcing group ideologies about LGBT issues.


Author(s):  
Ruth Gaffney-Rhys

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter considers the formation and recognition of adult relationships i.e. marriage, same-sex marriage, civil partnerships and cohabitation. The questions included in this chapter cover: the right to marry contained in article 12 of the European Convention on Human Rights; forced marriage; the difference between opposite-sex marriage, same-sex marriage and civil partnerships and the difference between marriage and cohabitation.


2010 ◽  
Vol 37 (3) ◽  
pp. 1313-1333 ◽  
Author(s):  
TIMOTHY HILDEBRANDT

AbstractUsing the case of same-sex marriage in China, this article explores two fundamental questions: What motivates a non-democratic state to promulgate a progressive human rights policy? More importantly, when a non-democratic state adopts such policies, what is the impact on activism? I argue that same-sex marriage legislation could be used strategically to improve China's human rights reputation. While this would extend a pinnacle right to gays and lesbians, the benefits might not outweigh the costs: I show that when imposed from above, a same-sex marriage law would incur opportunity costs on activism; the passage of this progressive policy would eliminate an important issue around which the Lesbian, Gay, Bisexual and Trans-gender/-sexual (LGBT) community might develop. Moreover, even if such policy is promulgated, the right to marry will do little to challenge the larger social pressures that make life difficult for LGBT Chinese.


2012 ◽  
Vol 1 (2) ◽  
pp. 147-179
Author(s):  
Michael J. Perry

In this essay, I elaborate and defend the internationally recognized human right to religious freedom. I then pursue the implications of the right for government’s exclusion of same-sex couples from of civil marriage.


2017 ◽  
Vol 10 (4) ◽  
pp. 60
Author(s):  
Bede Harris

Australia is currently confronting the issue of whether to legalise same-sex marriage. Thus far debate has been conducted with little reference to human rights theory. This article draws on the theories of John Rawls and John Stuart Mill and analyses whether, by confining the right to marry to heterosexual couples, the law infringes the right to privacy and, conversely, whether the legalisation of same-sex marriage would infringe religious rights of those who are unwilling to provide goods and services to same-sex couples. In so doing, the article adopts a comparative approach, drawing on case law from the United States. The article examines the way in which political debate on the issue has been conducted by the major parties in Australia, and concludes that both the Liberal-National coalition and the Labor party have been motivated by a desire to appease the religious right within their ranks, at the expense of human rights principles.


2018 ◽  
Author(s):  
Nelson Tebbe ◽  
Deborah Widiss ◽  
Shannon Gilreath

159 University of Pennsylvania Law Review PENNumbra 21 (2010)Professors Tebbe and Widiss revisit the arguments they made in "Equal Access and the Right to Marry" and emphasize their belief that distinguishing between different-sex marriage and same-sex marriage is inappropriate. They lament the sustained emphasis on the equal-protection and substantive-due-process challenges in the Perry litigation and suggest that an equal-access approach is more likely to be successful on appeal.Professor Shannon Gilreath questions some of the fundamental premises for same-sex marriage. He challenges proponents to truly reflect on "what there is to commend marriage to Gay people," and points to his own reversal on the question as evidence. Though he stands fully in opposition to critics of same-sex marriage who use the stance to veil attacks on equality generally, Gilreath argues that marriage can be seen as a further institutionalization of gays and lesbians that risks "assimilationist erasure of Gay identity." Gilreath concludes by noting that to the extent that marriage is assumed to be normatively good, the Tebbe-Widiss equal access approach to same-sex marriage recognition may be the most successful; still, he invites those on all sides of the debate to vigorously challenge that assumption.


Author(s):  
Stephen Macedo

The institution of marriage stands at a critical juncture. As gay marriage equality gains acceptance in law and public opinion, questions abound regarding marriage's future. Will same-sex marriage lead to more radical marriage reform? Should it? Antonin Scalia and many others on the right warn of a slippery slope from same-sex marriage toward polygamy, adult incest, and the dissolution of marriage as we know it. Equally, many academics, activists, and intellectuals on the left contend that there is no place for monogamous marriage as a special status defined by law. This book demonstrates that both sides are wrong: the same principles of democratic justice that demand marriage equality for same-sex couples also lend support to monogamous marriage. The book displays the groundlessness of arguments against same-sex marriage and defends marriage as a public institution against those who would eliminate its special status or supplant it with private arrangements. Arguing that monogamy reflects and cultivates our most basic democratic values, the book opposes the legal recognition of polygamy, but agrees with progressives that public policies should do more to support nontraditional caring and caregiving relationships. Throughout, the book explores the meaning of contemporary marriage and the reasons for its fragility and its enduring significance. Casting new light on today's debates over the future of marriage, the book lays the groundwork for a stronger institution.


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