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Association: Name: The Law and Society Association URL: http://www.lawandsociety.org
Citation: URL: http://citation.allacademic.com/meta/p236650_index.html Direct Link: HTML Code:

Pierceson, Jason. "Deconstructing the Backlash: Same-Sex Marriage Litigation and Social Change" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada, May 27, 2008 <Not Available>. 2013-05-06 <http://citation.allacademic.com/meta/p236650_index.html>

Pierceson, J. , 2008-05-27 "Deconstructing the Backlash: Same-Sex Marriage Litigation and Social Change" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada <Not Available>. 2013-05-06 from http://citation.allacademic.com/meta/p236650_index.html

Publication Type: Conference Paper/Unpublished Manuscript Abstract: The notion that courts are quite limited in their ability to achieve social change is becoming increasingly accepted as fact. According to this view, not only do courts not achieve change, but litigation makes things worse for progressive movements as a result of the negative political backlash that litigation strategies engender. Specifically, litigation for same-sex marriage has resulted in a disastrous backlash in the United States, with the vast majority of states and the federal government enacting anti-same sex-marriage policy. On the surface, this backlash appears to be overwhelming. However, the backlash may not be as overwhelming as it first appears, and it may not preclude important social change resulting from the litigation. When the backlash is examined more closely, it does not crowd out positive change. Backlash also is not automatic with progressive litigation; it is contingent upon a variety of factors. As the case of Canada demonstrates, a strong backlash is not a necessary consequence of same-sex marriage litigation. The backlash in the U.S. has been fueled by religion, federalism and access by opponents to popular referenda, and a narrow definition of rights and equality, that may, in the long run, be eclipsed by the constitutive elements of litigation. Finally, and more immediately, real policy change has taken place in both the U.S. and Canada as the result of litigation—change that is difficult to imagine, especially in the U.S., without litigation.

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Constructing Social Change in Argentina: From Gender Quotas to Same-Sex Marriages