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From the Closet to the Altar - Courts, Backlash, and the Struggle for Same-Sex Marriage (Paperback)
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From the Closet to the Altar - Courts, Backlash, and the Struggle for Same-Sex Marriage (Paperback)
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Same-sex marriage has become one of the most volatile issues in
American politics. But if most young people support gay marriage,
and if there are clear indicators that a substantial majority of
the population will soon favor it, why has the outcry against it
been so strong? Bancroft Prize-winning historian and legal expert
Michael Klarman here offers an illuminating and engaging account of
modern litigation over same-sex marriage. After looking at the
treatment of gays in the decades after World War II and the birth
of the modern gay rights movement with the Stonewall Rebellion in
1969, Klarman describes the key legal cases involving gay marriage
and the dramatic political backlashes they ignited. He examines the
Hawaii Supreme Court's ruling in 1993, which sparked a vast
political backlash-with more than 35 states and Congress enacting
defense-of-marriage acts-and the Massachusetts decision in
Goodridge in 2003, which inspired more than 25 states to adopt
constitutional bans on same-sex marriage. Klarman traces this same
pattern-court victory followed by dramatic backlash-through cases
in Vermont, California, and Iowa, taking the story right up to the
present. He also describes some of the collateral political damage
caused by court decisions in favor of gay marriage-Iowa judges
losing their jobs, Senator Majority Leader Tom Daschle losing his
seat, and the possibly dispositive impact of gay marriage on the
2004 presidential election. But Klarman also notes several ways in
which litigation has accelerated the coming of same-sex marriage:
forcing people to discuss the issue, raising the hopes and
expectations of gay activists, and making other reforms like civil
unions seem more moderate by comparison. In the end, Klarman
discusses how gay marriage is likely to evolve in the future,
predicts how the U.S. Supreme Court might ultimately resolve the
issue, and assesses the costs and benefits of activists' pursuing
social reforms such as gay marriage through the courts. From the
Closet to the Altar will stand as the definitive one-volume history
of the tumultuous emergence of same-sex marriage in American life
as well as a landmark study of litigation, social reform, and the
phenomenon of political backlash to court decisions.
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