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Association: Name: The Law and Society URL: http://www.lawandsociety.org
Citation: URL: http://www.allacademic.com/meta/p17438_index.html Direct Link: HTML Code:

Barclay, Scott. and Fisher, Shauna. "Cause Lawyers and Social Movements, Failure and Success: Comparing the Two Waves of Same Sex Marriage Litigation" Paper presented at the annual meeting of the The Law and Society, J.W. Marriott Resort, Las Vegas, NV, <Not Available>. 2009-05-25 <http://www.allacademic.com/meta/p17438_index.html>

Barclay, S. and Fisher, S. "Cause Lawyers and Social Movements, Failure and Success: Comparing the Two Waves of Same Sex Marriage Litigation" Paper presented at the annual meeting of the The Law and Society, J.W. Marriott Resort, Las Vegas, NV <Not Available>. 2009-05-25 from http://www.allacademic.com/meta/p17438_index.html

Publication Type: Conference Paper/Unpublished Manuscript Abstract: The success of recent court challenges to same sex marriage is often attributed to the legal arguments and political strategies pursued by the cause lawyers who coordinated these recent cases. Overlooked in this discussion is the fact that a wave of unsuccessful court challenges on same sex marriage preceded the current cases by twenty years, beginning in 1971 and ending in 1975. This first wave of litigation developed many of the same legal and political arguments that are currently being advanced in the more successful second wave of cases. Further, these cases were also pursued by cause lawyers. Yet, a key difference in the two waves of litigation was the relationship of the cause lawyers to the larger LGBT social movements. Cause lawyers in the first wave of litigation literally engaged in “maverick” lawyering and trusted the strength of their legal arguments to successfully validate their claim, independent of other social factors. In contrast, cause lawyers in the second wave of litigation literally constructed social movements to facilitate their court actions and delayed litigation in order to facilitate the influence on public opinion and political leaders of the ideas advocated by these movements. In our paper, we consider the relationship between social movements and cause lawyers in the legal actions associated with the first and second wave of litigation on same sex marriage.

Mediating “Publics” and the Contested Interpretation of Social Movement Tactics: Inflating Same-Sex Marriage Litigation

Bringing Social Movement Theory into the Study of Cause Lawyers

Same Legal Arguments, Different Outcomes: Cause Lawyers and Social Movements in the 2 Waves of Same Sex Marriage Litigation