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Maurer School of Law: Indiana University

Indiana Journal of Law and Social Equality

Marriage equality

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Marriage Equality And A Lawyer's Role In The Emergence Of "New" Rights, Daniel J. Canon Jun 2019

Marriage Equality And A Lawyer's Role In The Emergence Of "New" Rights, Daniel J. Canon

Indiana Journal of Law and Social Equality

The last few decades have seen a dramatic change in the way in which Americans view LGBT rights, and the right to same-sex marriage in particular. In 1972, the Supreme Court issued its first opinion on same-sex marriage. In sharp contrast with Obergefell v. Hodges, which established the constitutional right to marriage equality in 2015, the case of Baker v. Nelson held in one sentence that the idea that such a right might exist was not even worth discussing. What happened in the intervening forty years to change the outcome so profoundly? And how can attorneys seek to replicate …


Transformative Events In The Lgbtq Rights Movement, Ellen A. Andersen Jul 2017

Transformative Events In The Lgbtq Rights Movement, Ellen A. Andersen

Indiana Journal of Law and Social Equality

Obergefell v. Hodges, the 2015 Supreme Court case holding that same-sex couples had a constitutional right to marry under the Due Process Clause of the Fourteenth Amendment, was widely hailed in the media as a turning point for the LGBTQ rights movement. In this article, I contemplate the meaning of turning points. Social movement scholars have shown that specific events can, on rare occasion, alter the subsequent trajectory of a social movement. Such events have been termed ‘transformative events.’ I ask whether judicial decisions have the capacity to be transformative events and, if so, under what circumstances. I begin by …


Policy Backlash: Measuring The Effect Of Policy Venues Using Public Opinion, Scott Barclay, Andrew R. Flores Jun 2017

Policy Backlash: Measuring The Effect Of Policy Venues Using Public Opinion, Scott Barclay, Andrew R. Flores

Indiana Journal of Law and Social Equality

No abstract provided.