Why Does a Moderate/Conservative Supreme Court in a Conservative Age Expand Gay Rights?: Lawrence v. Texas (2003) in Legal and Political Time

Title:
Why Does a Moderate/Conservative Supreme Court in a Conservative Age Expand Gay Rights?: Lawrence v. Texas (2003) in Legal and Political Time
Authors:
Kahn, Ron
Abstract:
Legalists and social scientists have not been able to explain the expansion of gay rights in a conservative age because they refuse to respect the special qualities of judicial decision making. These qualities require the Supreme Court to look simultaneously at the past, present, and future, and, most importantly, to determine questions of individual rights through a consideration of how citizens are to live under a continuing rights regime. Unless scholars understand how and why Supreme Court decision making differs from that of more directly politically accountable institutions we can expect no greater success in explaining or predicting individual rights in the future.
Citation:
Kahn, Ron. 2008. "Why Does a Moderate/Conservative Supreme Court in a Conservative Age Expand Gay Rights?: Lawrence v. Texas (2003) in Legal and Political Time." Studies in Law, Politics and Society 44: 173-217.
Publisher:
Jai Press
DATE ISSUED:
2008
Department:
Politics
Type:
Article
PUBLISHED VERSION:
10.1016/S1059-4337(08)00806-5
PERMANENT LINK:
http://hdl.handle.net/11282/309631

Full metadata record

DC FieldValue Language
dc.contributor.authorKahn, Ronen_US
dc.date.accessioned2013-12-23T16:13:39Z-
dc.date.available2013-12-23T16:13:39Z-
dc.date.issued2008en
dc.identifier.citationKahn, Ron. 2008. "Why Does a Moderate/Conservative Supreme Court in a Conservative Age Expand Gay Rights?: Lawrence v. Texas (2003) in Legal and Political Time." Studies in Law, Politics and Society 44: 173-217.en_US
dc.identifier.issn1059-4337en_US
dc.identifier.urihttp://hdl.handle.net/11282/309631-
dc.description.abstractLegalists and social scientists have not been able to explain the expansion of gay rights in a conservative age because they refuse to respect the special qualities of judicial decision making. These qualities require the Supreme Court to look simultaneously at the past, present, and future, and, most importantly, to determine questions of individual rights through a consideration of how citizens are to live under a continuing rights regime. Unless scholars understand how and why Supreme Court decision making differs from that of more directly politically accountable institutions we can expect no greater success in explaining or predicting individual rights in the future.en_US
dc.publisherJai Pressen_US
dc.identifier.doi10.1016/S1059-4337(08)00806-5en_US
dc.subject.departmentPoliticsen_US
dc.titleWhy Does a Moderate/Conservative Supreme Court in a Conservative Age Expand Gay Rights?: Lawrence v. Texas (2003) in Legal and Political Timeen_US
dc.typeArticleen_US
dc.identifier.journalStudies in Law, Politics and Societyen_US
dc.identifier.isbn978-0-7623-1486-7en_US
dc.identifier.startpage173en_US
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