Jump to ContentJump to Main Navigation
Public Opinion and Constitutional Controversy$
Users without a subscription are not able to see the full content.

Nathaniel Persily, Jack Citrin, and Patrick J. Egan

Print publication date: 2008

Print ISBN-13: 9780195329414

Published to Oxford Scholarship Online: October 2011

DOI: 10.1093/acprof:oso/9780195329414.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 21 October 2017

Gay Rights

Gay Rights

Chapter:
(p.234) 10 Gay Rights
Source:
Public Opinion and Constitutional Controversy
Author(s):

Patrick J. Egan

Nathaniel Persily

Kevin Wallsten

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195329414.003.0011

The controversy surrounding gay rights represents the most recent part in the long story of often unpopular attempts by courts to protect minorities from discrimination and to broaden the constitutional guarantees concerning freedom of intimate associations. This chapter traces the remarkable rise in attitudes favorable toward gay people and gay rights over the past thirty years. It then explores the relationship between court decisions on gay rights and public opinion, with a close examination of the trajectory of opinion before and after two critical Supreme Court decisions regarding gay sex: Bowers v. Hardwick (1986) and Lawrence v. Texas (2003). In particular, it focuses on how Lawrence—although nominally about sodomy laws—instead catalyzed a highly salient debate over gay marriage, a debate that intensified after the Massachusetts Supreme Judicial Court issued a landmark decision granting gays and lesbians marriage rights in that state.

Keywords:   gay rights, homosexuality, Bowers v. Hardwick, Lawrence v. Texas, same-sex marriage, discrimination, sodomy laws, Massachusetts

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .