Courthouse Democracy and Minority Rights
Same-Sex Marriage in the States
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Product details:
- Publisher OUP USA
- Date of Publication 2 May 2013
- ISBN 9780199982172
- Binding Hardback
- No. of pages230 pages
- Size 163x236x22 mm
- Weight 485 g
- Language English 0
Categories
Short description:
In Courthouse Democracy and Minority Rights: Same-Sex Marriage in the States, Robert J. Hume shows how increasing the democratic accountability of courts has limited the ability of judges to act as reform agents. When judges are elected, or when their decisions can be easily overturned with initiative amendment procedures, they lose the capacity to stand up for the rights of the minorities.
MoreLong description:
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.
MoreTable of 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
