By Karen Tracy

ISBN-10: 0190217960

ISBN-13: 9780190217969

ISBN-10: 0190217979

ISBN-13: 9780190217976

ISBN-10: 0190217987

ISBN-13: 9780190217983

Karen Tracy examines the identity-work of judges and lawyers in kingdom very best courts as they debated the legality of latest marriage legislation. Exchanges in country appellate courts are juxtaposed with the controversy that happened among voters and elected officers in legislative hearings contemplating even if to revise country marriage legislation. The book's research spans ten years, starting with the U.S. superb Court's overturning of sodomy legislation in 2003 and finishing in 2013 whilst the U.S. superb courtroom declared the federal government's safety of Marriage Act (DOMA) unconstitutional, and it quite makes a speciality of how social switch was once complete via and mirrored in those law-making and law-interpreting discourses. Focal fabrics are the 8 circumstances approximately same-sex marriage and civil unions that have been argued in country very best courts among 2005 and 2009, and 6 of a bigger variety of hearings that happened in nation judicial committees contemplating debts relating to who can be in a position to marry. Tracy concludes with research of the 2011 Senate Judiciary Committee listening to on DOMA, evaluating it to the preliminary 1996 listening to and to the 2013 very best court docket oral argument approximately it. The e-book indicates that social swap happened because the public discourse that handled sexual orientation as a "lifestyle " used to be changed with a public discourse of gays and lesbians as a valid class of citizen. Read more...

summary: Karen Tracy examines the identity-work of judges and legal professionals in country preferrred courts as they debated the legality of latest marriage legislation. Exchanges in kingdom appellate courts are juxtaposed with the debate that happened among electorate and elected officers in legislative hearings contemplating even if to revise kingdom marriage legislation. The book's research spans ten years, starting with the U.S. splendid Court's overturning of sodomy legislation in 2003 and finishing in 2013 while the U.S. perfect courtroom declared the federal government's safeguard of Marriage Act (DOMA) unconstitutional, and it relatively specializes in how social switch used to be complete via and mirrored in those law-making and law-interpreting discourses. Focal fabrics are the 8 situations approximately same-sex marriage and civil unions that have been argued in kingdom ideally suited courts among 2005 and 2009, and 6 of a bigger variety of hearings that happened in kingdom judicial committees contemplating accounts relating to who can be capable of marry. Tracy concludes with research of the 2011 Senate Judiciary Committee listening to on DOMA, evaluating it to the preliminary 1996 listening to and to the 2013 ideally suited courtroom oral argument approximately it. The e-book indicates that social swap happened because the public discourse that taken care of sexual orientation as a "lifestyle " was once changed with a public discourse of gays and lesbians as a sound classification of citizen

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Additional info for Discourse, identity, and social change in the marriage equality debates

Example text

The brevity of the attorney’s presentation elicited courtroom laughter, but this unusual exchange did not stop the justice’s questioning. 4, CA, A-​K = Attorney Krueger, AJ-​K = Justice Kennard A-​K: Good morning, your honors, uh may it please the court-​ AJ-​K: Mr. Krueger, to be​((laughter and simultaneous talking)) AJ-​K: Yes, I’d like to get my question in. Um it’s a threshold inquiry … In addition to the institutionally formatted interactional structure, the person-​referencing forms used by both parties construct the judges as formal-​speaking persons of high status, as well as judges of a particular kind.

Judge [name-​2] is a law professor. They may be more engaging than I am, because I’m-​I’m-​I’m-​I’m a trial judge by training. (I: Uh-​huh) and in that process I’m gonna be asking fewer questions by nature. (I: Uh-​huh) I mean, that’s just (I: Uh-​huh) the way you are as a trial judge. This judge’s intuition about the effect of his background has been supported by a study of oral argument in the US Supreme Court in the 1960s and in the 2000s. Phillips and Carter (2010) found that in these two periods, justices who had been law professors talked considerably more during oral argument than their non–​law professor colleagues.

Starr’s use of this device so regularly in his responses invoked a classroom context and himself as the lecturer. An issue in the Proposition 8 case concerned whether the constitutional change approved by the voters should be seen as an amendment (acceptable) or a revision, which could not be accomplished by a majority vote through a ballot initiative. A justice had asserted that determining how the proposition impacted gay and lesbian citizens was not relevant to that issue. Starr responded. 30, CA8, Attorney Starr addressing Justice Werdegar A-​S: You’re right, suffic-​uh your honor su-​sufficient to this day is focusing on the issue before us.

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