Tag Archives: Durkheim

Predicting the Legal Outcomes on Marriage Equality: What Explains Legal Change Around Civil Liberties?

By Elizabeth E. Martinez

When do social movements use the courts in pursuing their goals? The question might be rewritten to say: assuming that activists will always or often use the courts as one of many strategies, when are they successful in court? When is the law likely to change in response to activist’s lawsuits? This is a pertinent question as we see the U.S. Supreme Court taking up two cases about marriage equality.

One case is about Proposition 8, which took away the right for same-sex couples to marry in California (Hollingsworth v. Perry), and the other case (U.S. v. Windsor) is about the Defense of Marriage Act (DOMA) Continue reading

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Filed under Essay Dialogues, Movements and the Courts