Courthouse Democracy and Minority Rights: Same-Sex Marriage in the States

Hardcover | May 6, 2013

byRobert J. Hume

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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 marriagepolicy, 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 thebehavior 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 protectingminority rights - only when they have the institutional resources that they need to stand against popular opinion.

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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 marriagepolicy, Hume shows that democratic innovati...

Robert J. Hume is an Associate Professor of Political Science at Fordham University, with degrees from the College of the Holy Cross (B.A.) and the University of Virginia (M.A., Ph.D.). His research interests are in the areas of constitutional law and judicial policy development, with particular emphasis on the impact of court decisio...

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Format:HardcoverDimensions:240 pages, 9.25 × 6.12 × 0.98 inPublished:May 6, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199982171

ISBN - 13:9780199982172

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Table of Contents

PrefacePart One: Introduction1. Promises, Promises2. Understanding the Impact of State Supreme CourtsPart Two: The Legal Context3. Early Same-Sex Marriage Decisions4. Massachusetts and BeyondPart Three: An Analysis of State Judicial Impact5. Policy Initiation: The Diffusion of Same-Sex Marriage Cases Across the States6. Policy Legitimation: Evaluating the Capacity of State Courts to Change Public Opinion7. Policy Endurance: The Enactment of State Constitutional Amendments Prohibiting Same-Sex Marriage8. The Promise of State CourtsWorks Cited