Discourse, identity, and social change in the marriage by Karen Tracy

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By Karen Tracy

Karen Tracy examines the identity-work of judges and lawyers in country excellent courts as they debated the legality of current marriage legislation. Exchanges in nation appellate courts are juxtaposed with the controversy that happened among electorate 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. ultimate Court's Read more...

summary: Karen Tracy examines the identity-work of judges and lawyers in country ultimate courts as they debated the legality of current marriage legislation. Exchanges in nation appellate courts are juxtaposed with the controversy that happened among electorate 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. splendid Court's overturning of sodomy legislation in 2003 and finishing in 2013 whilst the U.S. splendid court docket declared the federal government's security of Marriage Act (DOMA) unconstitutional, and it quite makes a speciality of how social swap was once entire via and mirrored in those law-making and law-interpreting discourses. Focal fabrics are the 8 instances approximately same-sex marriage and civil unions that have been argued in nation excellent courts among 2005 and 2009, and 6 of a bigger variety of hearings that happened in nation judicial committees contemplating accounts concerning who could 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 excellent courtroom oral argument approximately it. The e-book indicates that social switch happened because the public discourse that taken care of sexual orientation as a "lifestyle " used to be changed with a public discourse of gays and lesbians as a sound type of citizen

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Extra resources for Discourse, identity, and social change in the marriage equality debates

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We have a practice here that we do not discuss the case uh before oral argument (I: Mm-​hm) Um um except internally within our own chambers. We may discuss with our law clerks. Um but the-​we do not communicate from law clerk to another chamber’s set of clerks or from justice to justice. Most justices spend very little time in each other’s presence. Decision-​ making conferences are the central place that justices talk jointly about a case. Given the restricted amount of time for these occasions, oral argument enables conversation about a case to start before the conference.

If they had not spontaneously commented upon it, I also asked them how they saw professional and ethnicity-​race-​gender background affecting how judges spoke during oral argument. Justices spoke with ease about how professional background affected participation. State supreme court justices come from positions as trial judges or lower court appellate positions. They may have joined the court directly after serving in political positions, or they may have worked as attorneys in one type of law or another.

The body … The content of the compliment is not a matter about which most lawyers would be positioned to comment. Thus, in offering the compliment about the court’s superior quality, the remark simultaneously positions the speaker as a person of stature and expertise. Even more striking than his praising of the court, which other attorneys occasionally did, was Starr’s references to opposing counsel as he disagreed with them. An assistant attorney general of California was one of the lawyers representing the plaintiffs.

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