Litigating for Lesbian and Gay Rights: A Legal History

Cain, Patricia A.

doi:10.2307/1073382

Cited by 35 publications

(29 citation statements)

References 2 publications

(3 reference statements)

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“…Moreover, opportunities often carry with them significant constraining or disciplining logics whereby legal action requires moderation of claims, narrowing of demands, or forfeiting of other tactics. The history of U.S. labor activism exemplifies this point well (Forbath 1991), as do the legacies of labor struggle, gay and lesbian rights advocacy (Cain 1993, Anderson 2005, and other modes of human rights advocacy (Dezalay & Garth 2001) in various regions of the world.…”

Section: Law and The Genesis Of Social Movementsmentioning

confidence: 97%

Law and Social Movements: Contemporary Perspectives

McCann

2006

Annu. Rev. Law. Soc. Sci.

195

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■ Abstract Social movement scholars have long seemed little interested in law, and traditional legal scholars were little interested in social movement analysis by social scientists. However, recent years have seen growth of interest in the topic of law and social movements, with inquiry led by political scientists and law and society scholars. This review surveys that diverse literature, beginning with general theory regarding core concepts and then moving to a review of empirical studies organized around the multi-stage model derived from political process approaches and legal mobilization frameworks. The primary argument of the review is that law is contingent, and how it matters for social movements varies with the context and character of struggle. Most analysts agree that law generally works to support status quo conventions and hierarchical relationships, but sometimes law can be mobilized to challenge and even reconstitute the terms of institutional order.

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Section: Law and The Genesis Of Social Movementsmentioning

confidence: 97%

Law and Social Movements: Contemporary Perspectives

McCann

2006

Annu. Rev. Law. Soc. Sci.

195

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“…The "fundamental rights" to many and to raise children have not, however, been extended equally to lesbian and gay Americans (Cain, 1993;Editors of the Harvard Law Review, 1990;Rivera, 1991;Rubenstein, 1991). Many lesbian and gay adults have been denied the opportunity to become foster or adoptive parents (Patterson, 199%;Ricketts, 1991;Ricketts & Achtenberg, 1990), or have had custody or visitation with their biological children denied or curtailed solely because of their sexual orientation (Cain, 1993;Rivera, 1991). The lives of many children, most of whom will themselves grow up to identify as heterosexual, also have been disrupted because of discrimination based on the sexual orientation of a parent or prospective parent.…”

Section: The Legal Status Of Lesbian and Gay Parents And Their Childrenmentioning

confidence: 99%

Lesbian and Gay Families with Children: Implications of Social Science Research for Policy

Patterson

Redding

1996

Journal of Social Issues

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In this paper, we provide an overview of variability across jurisdictions in family law relevant to lesbian and gay parents and their children, showing that some courts have been negatively disposed to these families. We summarize recent research findings suggesting that lesbian and gay parents are as likely as are heterosexual parents to provide home environments that support positive outcomes among children. Research findings suggest that unless and until the weight of evidence can be shown to have shifted, parental sexual orientation should be considered irrelevant to disputes involving child custody, visitation, foster care, and adoption.

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“…Morality politics is defined in political science literature as an issue that, in contrast with something like tax policy, is primarily framed as an issue of "values," "morals," or "sin." Anti-abortion campaigns (Luker, 1984), anti-sodomy laws (Cain, 1993), drug and alcohol policies, prostitution policy (Wagenaar & Sietske, 2012), gambling (Nelson, 2013) the fight over birth control (Haider-Markel & Meier, 1996), and of course marriage equality (Lax & Phillips, 2009) are all examples of what political science researchers consider morality issues.…”

Section: Morality Politicsmentioning

confidence: 99%

“…As gays and lesbians started to form communities in cities from the mid-Twentieth century on, gay and lesbian bars became an important part of those communities, providing the rare social space in which attraction to members of the same sex did not result in immediate public censure (Cain, 1993). However, this refuge was far from absolute.…”

Section: Hegemony and The Hegemonicmentioning

confidence: 99%

“…Gay men and lesbians were, and still are, sometimes linked to more concrete threats by linking homosexuality to pedophilia a resulting danger to children (Cain, 1993;D'Emilio, 1993;Alwood, 2001). The LGBTQ community is also historically articulated by opponents with a variety of health concerns, from being a "perversion" requiring treatment (Foucault, 1976) to the spreaders of the "gay plague" of HIV/AIDS (Sewell, 2014).…”

Section: Hegemony and The Hegemonicmentioning

confidence: 99%

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Love and marriage and local TV news

Harmsen¹

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ii This work is dedicated to my Lesbian, Gay, Bisexual, Transsexual, and Questioning friends and family, especially my sister Shelly and her wife Tina, and to their simple dream of living a life free of legal and social discrimination iii ACKNOWLEDGMENTS Words fail to adequately describe the debt of gratitude I owe to the co-chairs of my dissertation committee, Dr. Jane Singer and Dr. Frank Durham. Their guidance, wisdom, support, and mentorship through graduate school and the dissertation process were simply v ABSTRACT In 2010 and again in 2012, a previously overlooked Iowa Supreme Court judicial retention vote, which appears periodically on the back of Iowa's November ballot, became a top political story. The catalyst for this elevated attention was the 2009 unanimous decision by the court in Varnum v. Brien that made Iowa only the third state in the nation to legalize same-sex marriage. Conservatives upset over the decision launched a campaign to convince voters to do something they had never done before: vote to remove a sitting Iowa Supreme Court Justice. The effort succeeded in 2010, but failed in 2012. This dissertation looks at how local television news coverage framed the antiretention efforts, how those frames came to be included in the news coverage, and what the news framing suggested about the way social and political power were expressed in this case. This research examined two different kinds of data: television news packages and interviews. The relevant news packages came from three Iowa television stations: one in the western part of the state, one in central Iowa, and one in the eastern part of the state. These stations represented a range of Iowa television market sizes and political demographics. This research took a critical-constructionist framing approach to analyzing the data. This meant considering the way factors such as newsroom culture, professional values, and the influence of outside frame sponsors played a role in how the news was framed. It also meant considering how the power of the hegemonic heteronormative matrix was expressed in each stage of the construction of news stories, as well as expressed through the resulting news framing. The critical-constructionist analyses drew upon theoretical perspectives from the sociology of news, political science, and critical theory literatures. vi

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Litigating for Lesbian and Gay Rights: A Legal History

Cited by 35 publications

References 2 publications

Law and Social Movements: Contemporary Perspectives

Law and Social Movements: Contemporary Perspectives

Lesbian and Gay Families with Children: Implications of Social Science Research for Policy

Love and marriage and local TV news

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