scholarly journals Media Framing of News Coverage of Same-sex Marriage Surrounding the U.S. Supreme Court Legalization Decision

2016 ◽  
Author(s):  
Chelsea B. Betts
2021 ◽  
pp. 131-144
Author(s):  
Michael J. Rosenfeld

Chapter 9 tells the story of Lawrence v. Texas, the 2003 Supreme Court decision that finally struck down the remaining state laws that criminalized sodomy. In 2004 Massachusetts became the first state in the U.S. to have marriage equality, following the state supreme court decision in Goodridge v. Department of Public Health. Opponents of gay rights fought furiously to overturn marriage equality in Massachusetts, but once straight people saw that marriage equality cost them nothing, the opposition faded away. Gay rights groups in Massachusetts prevailed despite having many institutional disadvantages. In California in 2008, Proposition 8 was passed by voters to reintroduce a same-sex marriage ban.


2021 ◽  
pp. 86-101
Author(s):  
Michael J. Rosenfeld

Chapter 6 describes two important breakthroughs in the courts for gay rights. In 1996 the U.S. Supreme Court decided Romer v. Evans in favor of gay plaintiffs from Colorado who had had their rights reduced by a voter referendum. The Supreme Court upheld state court rulings which had overturned the referendum. The Romer decision, written by Anthony Kennedy, was the first Supreme Court decision to affirmatively defend the rights of gay people. In the fall of 1996 in Hawaii a same-sex marriage trial, Baehr v. Miike, showed for the first time that the opponents of marriage equality had no scientific or empirical basis for preventing same-sex marriages from being recognized. The marriage plaintiffs won in court, but the voters of Hawaii reinstated the same-sex marriage ban. Hawaii did not become a marriage equality state until 2013.


2019 ◽  
pp. 1-23
Author(s):  
Charles Gardner Geyh

Chapter 1 introduces the long-standing debate over how best to select judges in the United States and summarizes the positions of the disputants to the end of exposing the interminable and seemingly unresolvable nature of that debate. When a court issues a decision that at least some of the population finds objectionable, the fate of its judges may depend on whether they are appointed or elected. To illustrate, the chapter contrasts the lack of impact on the U.S. Supreme Court justices from any backlash in their upholding same-sex marriage in Obergefell v. Hodges versus the failure in retention elections of Iowa Supreme Court justices following their upholding same-sex marriage in Varnum v. Brien.


2021 ◽  
pp. 171-190
Author(s):  
Michael J. Rosenfeld

Chapter 13 tells the story of the DeBoer v. Snyder trial, the expert testimony on both sides, and how the witnesses called to defend Michigan’s same-sex marriage ban were found to be entirely lacking in credibility. Defense witness Douglas Allen presented graphs that he admitted were not even intended to be accurate. Defense witness Mark Regnerus’ testimony was disavowed by his department chair and criticized by his professional organization. The plaintiffs’ expert witnesses described the scholarly consensus about the health of children raised by same-sex couples. This scholarly consensus was accepted by Judge Friedman. The DeBoer trial resulted in a victory for plaintiffs DeBoer and Rowse and their children, but the Sixth Circuit reversed the decision on constitutional grounds, necessitating a showdown in the U.S. Supreme Court.


2020 ◽  
pp. 1-27
Author(s):  
Tongdong Bai

Abstract In the majority opinion by the U.S. Supreme Court over same-sex marriage, a claim by Confucius was quoted, which led to an uproar among Confucian scholars in mainland China. In this article, I will first explain the background of the debate over same-sex marriage in the United States, and why Confucius's claim was quoted. I will then show how a contemporary Confucian philosopher Zhang Xianglong addressed the issue of same-sex marriage from a Confucian perspective. In my view, compared with other mainland Confucians' responses, Zhang's are one of the most scholarly and moderate responses that nevertheless follow Confucian values. But he eventually rejected same-sex marriage on the Confucian ground. I will argue that, based on some Confucian values and principles which are shared by Zhang, we can answer Zhang's concerns with same-sex marriage, thus offering an even more moderate Confucian stance that accepts same-sex marriage. But this stance is still different from the typical liberal one. We will also see that, in order to accept same-sex marriage, it is the liberals, not the Confucians, who will have to deal with an issue—the acceptance of polygamy—that poses a serious challenge to the principle of equality, which is fundamental to some liberals.


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