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Discourse, Identity, and Social Change in the Marriage Equality Debates (Hardcover)
Loot Price: R2,554
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Discourse, Identity, and Social Change in the Marriage Equality Debates (Hardcover)
Series: Oxford Studies in Language and Law
Expected to ship within 12 - 17 working days
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Karen Tracy examines the identity-work of judges and attorneys in
state supreme courts as they debated the legality of existing
marriage laws. Exchanges in state appellate courts are juxtaposed
with the talk that occurred between citizens and elected officials
in legislative hearings considering whether to revise state
marriage laws. The book's analysis spans ten years, beginning with
the U.S. Supreme Court's overturning of sodomy laws in 2003 and
ending in 2013 when the U.S. Supreme Court declared the federal
government's Defense of Marriage Act (DOMA) unconstitutional, and
it particularly focuses on how social change was accomplished
through and reflected in these law-making and law-interpreting
discourses. Focal materials are the eight cases about same-sex
marriage and civil unions that were argued in state supreme courts
between 2005 and 2009, and six of a larger number of hearings that
occurred in state judicial committees considering bills regarding
who should be able to marry. Tracy concludes with analysis of the
2011 Senate Judiciary Committee Hearing on DOMA, comparing it to
the initial 1996 hearing and to the 2013 Supreme Court oral
argument about it. The book shows that social change occurred as
the public discourse that treated sexual orientation as a
"lifestyle " was replaced with a public discourse of gays and
lesbians as a legitimate category of citizen.
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