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Vol 21 No 11 Nov/Dec 2016

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Courthouse Democracy and Minority Rights: Same-sex Marriage in the States


ISBN13: 9780199982172
Published: May 2013
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £62.00



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In Courthouse Democracy and Minority Rights: Same-Sex Marriage in the States, Robert J. Hume examines how the democratization of state courts and state constitutional systems has influenced the capacity of judges to protect minority rights. Through an intensive examination of same-sex marriage policy, Hume shows that democratic innovations like judicial elections and initiative amendment procedures have conditioned the impact of judges on state marriage laws. Using a combination of original and publicly available data, Hume demonstrates that "courthouse democracy" has influenced the behavior of state judges, the reactions of the public to state court decisions, and the long-term policy consequences of these decisions, including the passage of state constitutional amendments. Hume concludes that judges will be capable of producing meaningful social change-and protecting minority rights-only when they have the institutional resources that they need to stand against popular opinion.

Subjects:
Other Jurisdictions , USA
Contents:
PREFACE
PART ONE: INTRODUCTION
CHAPTER 1: PROMISES, PROMISES
CHAPTER 2: UNDERSTANDING THE IMPACT OF STATE SUPREME COURTS
PART TWO: THE LEGAL CONTEXT
CHAPTER 3: EARLY SAME-SEX MARRIAGE DECISIONS
CHAPTER 4: MASSACHUSETTS AND BEYOND
PART THREE: AN ANALYSIS OF STATE JUDICIAL IMPACT
CHAPTER 5: POLICY INITIATION: THE DIFFUSION OF SAME-SEX MARRIAGE
CASES ACROSS THE STATES
CHAPTER 6: POLICY LEGITIMATION: EVALUATING THE CAPACITY OF STATE
COURTS TO CHANGE PUBLIC OPINION
CHAPTER 7: POLICY ENDURANCE: THE ENACTMENT OF STATE CONSTITUTIONAL
AMENDMENTS PROHIBITING SAME-SEX MARRIAGE
CHAPTER 8: THE PROMISE OF STATE COURTS
WORKS CITED