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Same-sex marriage, a politically and culturally untenable idea only a quarter century ago, has become one of the most controversial issues in American life. Social conservatives are adamantly opposed to it and vote-conscious liberal politicians tiptoe around it, but an emerging majority's support for it makes it seem all but inevitable. While most observers seem to think that the legalization of gay marriage across the nation will occur at some point in the near future, in the meantime it continues to generate a sharp political backlash that has helped its opponents score political victories (even if they prove to be short-lived). If most young people support gay marriage, and if there are clear indicators that a majority of the population will support it in the very near future, why is the backlash so strong? As Michael Klarman will show in From the Closet to the Altar, it is because its proponents have adopted a court-centered approach for advancing their cause. In many states, advocates have taken to the courts and argued that bans on gay marriage are denials of civil rights. They have followed the path of earlier civil rights advocates, who also chose the court rather than the political arena as a forum to decide issues. But as Klarman shows, this tactic comes with clear costs. Using the courts to leapfrog public opinion can actually set a cause back because court decisions generate backlashes. Usually, judges are neither elected nor beholden to public opinion, and they are easily pegged as unaccountable elites by opponents. Klarman, who has examined virtually every state-level judicial decision and all of the legislative attempts to overturn same-sex marriage, contends that the movement has in many respects not only hurt its own cause by generating populist backlash, but has created a countervailing social movement that works against progressive causes on a host of other issues. Given the irreversible tectonic shift in public opinion regarding the issue, he argues that it will occur anyway. By providing such fuel to its opponents (much like with Roe v. Wade), the movement is in danger of creating a powerful countermovement that will use the issue for proponents of gay rights for years to come. Concise yet sweeping in scope, From the Closet to the Altar is not only a worthy successor to his Bancroft Prize-winning From Jim Crow to Civil Rights, it will reshape how we think about the issue.

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. Hume bases his study on the issue of same-sex marriage, but his conclusions have implications for understanding the impact of all judges.

Must a state in which gay marriage is not legal recognize such a marriage performed in another state? The Constitution does not require recognition in all cases, but it does forbid states from nullifying family relationships based in other states, or from making themselves havens for people who are trying to escape obligations to their spouses and children. In this book, Andrew Koppelman offers workable legal solutions to the problems that arise when gay couples cross state borders. Drawing on historical precedents in which states held radically different moral views about marriage (for example, between kin, very young individuals, and interracial couples), Koppelman shows which state laws should govern in specific situations as gay couples travel or move from place to place.Americans are profoundly divided over same-sex marriage, and now that gay civil unions and marriages are legal in some states, the issue has become increasingly urgent. Koppelman offers a sensible approach that will appeal to the best instincts of both sides.

The decision to have a child is seldom a simple one, often fraught with complexities regarding emotional readiness, finances, marital status, and compatibility with life and career goals. Rarely, though, do individuals consider the role of the law in facilitating or inhibiting their ability to have a child or to parent. For LGBT individuals, however, parenting is saturated with legality - including the initial decision of whether to have a child, how to have a child, whether one's relationship with their child will be recognized, and everyday acts of parenting like completing forms or picking up children from school. Through in-depth interviews with 137 LGBT parents, Amanda K. Baumle and D'Lane R. Compton examine the role of the law in the lives of LGBT parents and how individuals use the law when making decisions about family formation or parenting. Baumle and Compton explore the ways in which LGBT parents participate in the process of constructing legality through accepting, modifying, or rejecting legal meanings about their families. Few groups encounter as much variation in access to everyday legal rights pertaining to the family as do LGBT parents. This complexity and variation in legal environments provides a rather unique opportunity to examine the manner in which legal context affects the ways in which individuals come to understand the meaning and utility of the law for their lives. The authors conclude that legality is constructed through a complex interplay of legal context, social networks, individual characteristics, and familial desires. Ultimately, the stories of LGBT parents in this book reflect a rich and varied relationship between the law, the state, and the private family goals of individuals.

The definitive history of the marriage equality debate in the United States, praised by Library Journal as \"beautifully and accessibly written. . . . .An essential work.\" As a legal scholar who first argued in the early 1990s for a right to gay marriage, William N. Eskridge Jr. has been on the front lines of the debate over same†'sex marriage for decades. In this book, Eskridge and his coauthor, Christopher R. Riano, offer a panoramic and definitive history of America's marriage equality debate. The authors explore the deeply religious, rabidly political, frequently administrative, and pervasively constitutional features of the debate and consider all angles of its dramatic history. While giving a full account of the legal and political issues, the authors never lose sight of the personal stories of the people involved, or of the central place the right to marry holds in a person's ability to enjoy the dignity of full citizenship. This is not a triumphalist or one†'sided book but a thoughtful history of how the nation wrestled with an important question of moral and legal equality.

This volume examines the Supreme Court's rulings in U.S. v. Windsor and Obergefell v. Hodges in light of its earlier rulings while also incorporating several prominent accounts of marriage and the family from the history of political philosophy.

This book looks at how rights discourse has been used during the debate over same-sex marriage and how opponents of same-sex marriage marriage used rights language to effectively oppose it during ballot measure campaigns, but that this same language became counterproductive once this debate moved inside of the courtroom.