Abstract

http://ssrn.com/abstract=901238
 
 

Footnotes (311)



 


 



The Backlash Thesis and Same-Sex Marriage: Learning from Brown v. Board of Education and its Aftermath


Carlos A. Ball


Rutgers, The State University of New Jersey - School of Law-Newark


William & Mary Bill of Rights Journal, Vol. 14, 2006

Abstract:     
The backlash that followed the Massachusetts Supreme Judicial Court's opinion in Goodridge v. Department of Public Health has created considerable anxiety within the gay rights movement as many have questioned whether the same-sex marriage litigation has backfired by encouraging social conservatives to flex their political muscles to the detriment of lesbians and gay men. I argue in this article that despite the harmful backlash experienced by the gay rights movement following marriage cases such as Goodridge, lesbians and gay men are nonetheless better off as a result of those cases. The gains from the litigation, in other words, have so far outweighed the losses. In defending the decision to litigate cases such as Goodridge, I explore the similarities between the backlash that followed that case and that which followed Brown v. Board of Education.

Number of Pages in PDF File: 48

Keywords: gay rights, same-sex marriage, backlash

Accepted Paper Series


Download This Paper

Date posted: May 16, 2006  

Suggested Citation

Ball, Carlos A., The Backlash Thesis and Same-Sex Marriage: Learning from Brown v. Board of Education and its Aftermath. William & Mary Bill of Rights Journal, Vol. 14, 2006. Available at SSRN: http://ssrn.com/abstract=901238

Contact Information

Carlos A. Ball (Contact Author)
Rutgers, The State University of New Jersey - School of Law-Newark ( email )
123 Washington Street
Newark, NJ 07102
United States
973-353-3008 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 8,837
Downloads: 1,231
Download Rank: 8,008
Footnotes:  311

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.297 seconds