In re Marriage Cases, Same-Sex Marriage, and the California Supreme Court as Critical Social Movement Ally
Document Type
Article
Publication Title
33 S. CAL. INTERDISC. L.J.
Abstract
In re Marriage Cases was the second state supreme court decision to recognize same-sex marriage in the United States. This Article draws upon social movement theory in the field of communication to examine how the California Supreme Court played a leading role from within the establishment in furthering the social movement for same-sex marriage in the United States. The Article studies the various opinions in In re Marriage Cases to see how the members of the Court, divided four to three, constructed or refrained from constructing marriage as a right that ought to be available to sexual minorities.
The Article progresses by providing a brief note on social movement theory in communication and examining the various opinions in In re Marriage Cases, including the opinion for the Court, one concurring opinion, and two concurring and dissenting opinions. The discussion should facilitate an enhanced understanding of state supreme court rhetoric of same-sex marriage and additionally provide some refinement of social movement theory, including with regard to how a faction within a fractured establishment can further a social movement.
First Page
137
Last Page
159
Publication Date
2023
Recommended Citation
Pedrioli, Carlo A., In re Marriage Cases, Same-Sex Marriage, and the California Supreme Court as Critical Social Movement Ally ( 2023). 33 S. CAL. INTERDISC. L.J. 137 (2023), Available at SSRN: https://ssrn.com/abstract=4737276