Courts, Liberalism, And Rights

by Pierceson, Jason

• ISBN13: 9781592134014
• ISBN10: 1592134017
• Format: Paperback
• Copyright: 2005-10-28
• Publisher: Temple Univ Pr

Summary

Philosophy matters. In the courts the best hope for an expansion of rights comes from judges who view liberalism as grounded in an expansion of rights rather than the constraint of government activity. Courts, Liberalism, and Rights begins with the premise that the courts offer the best chance for achieving a broad set of rights for gays and lesbians, particularly those courts whose judges draw on the expansive interpretation of liberalism. To make his case, Pierceson guides readers through a nuanced discussion of liberalism, court rulings on sodomy laws and same-sex marriage, and a look at the comparative example of Canada. Pierceson ends the book with a call for a return to understanding gay and lesbian issues as rights claims and an argument for a broader definition of liberalism, one that addresses not only individual freedom but the importance of equality and inclusion as well. His argument will find an audience among those who study liberalism and the judiciary as well as those in lesbian and gay studies.

Table of Contents

Acknowledgments	vii
1 Introduction	1	(20)
2 U.S. Federal Courts and Gay Rights: A History of Hesitancy	21	(12)
3 Liberalism and Gay Politics: Rights and Their Critics	33	(16)
4 Toward a Better Liberalism	49	(13)
5 Sodomy Laws, Courts, and Liberalism	62	(15)
6 Lessons from Continued Sodomy Adjudication	77	(27)
7 Courts and Same-Sex Marriage in the United States: Hawaii and Alaska	104	(26)
8 Courts and Same-Sex Marriage in the United States: Vermont	130	(14)
9 Developments after Vermont: An Evolving Jurisprudence and Its Backlash	144	(21)
10 Canada: Rethinking Courts, Rights, and Liberalism	165	(22)
11 Courts, Social Change, and the Power of Legal Liberalism	187	(8)
12 Conclusion	195	(4)
Notes	199	(48)
Index	247