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Association: Name: Western Political Science Association URL: http://www.csus.edu/ORG/WPSA/
Citation: URL: http://www.allacademic.com/meta/p87481_index.html Direct Link: HTML Code:

Barclay, Scott. and Fisher, Shauna. "Same Legal Arguments, Different Outcomes: Cause Lawyers and Social Movements in the 2 Waves of Same Sex Marriage Litigation" Paper presented at the annual meeting of the Western Political Science Association, Marriott Hotel, Oakland, California, Mar 17, 2005 <Not Available>. 2009-05-25 <http://www.allacademic.com/meta/p87481_index.html>

Barclay, S. W. and Fisher, S. F. , 2005-03-17 "Same Legal Arguments, Different Outcomes: Cause Lawyers and Social Movements in the 2 Waves of Same Sex Marriage Litigation" Paper presented at the annual meeting of the Western Political Science Association, Marriott Hotel, Oakland, California <Not Available>. 2009-05-25 from http://www.allacademic.com/meta/p87481_index.html

Publication Type: Conference Paper/Unpublished Manuscript Review Method: Peer Reviewed Abstract: The nature of cause lawyering, like the development of causes themselves, are dependent upon the social, legal, and political context apparent in any era and location. In addition, the nature of cause lawyering is shaped by the structure and constraints inherent in any related social movement. As such, it is impossible to define the role of litigation and its influence upon a social movement removed from consideration of the relevant social movement and its context. In this paper, we have used the two occasions – 1974 and 2004 – in which cause lawyers challenged the prohibition on same sex marriage in Washington as a basis for highlighting the divergent roles of litigation in relation to the movement for lesbian and gay rights. We proposed that, in the current context, cause lawyers used litigation to effectively re-claim ownership and legitimacy over the idea of same sex marriage at a time when it had been appropriated for ridicule and derision in the general public. In addition, we argued that, given the nature of the lesbian and gay rights’ movement, litigation pursued by cause lawyers and individuals became one way to develop input into the direction and goals of the larger movement.

Bringing Social Movement Theory into the Study of Cause Lawyers

Pro Bono Publico, the Large Law Firm, and Social Movements: A Relational Approach to the Study of Cause Lawyering

Cause Lawyers and Social Change: Framing Florida Tobacco Liability Litigation

Cause Lawyers and Social Movements, Failure and Success: Comparing the Two Waves of Same Sex Marriage Litigation

From Welfare to Rights--The Changing Forms of Disability Activism in Israel: Voluntary Associations, Social Movements, and Cause Lawyering