Joseph Mello - Böcker

If the same-sex marriage debate tells us one thing, it's that rights do not exist in a vacuum. What works for one side at the ballot box often fails in the courtroom. Conservative opponents of same-sex marriage used appeals to religious liberty and parental rights to win ballot measure campaigns, but could not duplicate this success in court. Looking at the same-sex marriage debate at the ballot box and in the courts, this timely book offers unique insights into one of the most fluid social and legal issues of our day-and into the role of institutional context in how rights are used.Why, Joseph Mello asks, did conservative opponents of same-sex marriage enjoy such an advantage when debating this issue in the popular arena of a ballot measure campaign? And why were they less successful at mobilizing the language of rights in the courts? His analysis shows us that rights don't just entitle us to resources; they also shape the way we see ourselves and are perceived by others. Thus, by using the language of rights to frame their cause, conservative opponents of same-sex marriage were able to construe themselves as victims of oppression, their religious and moral beliefs under threat. The same language, however, proved less useful, or even counterproductive, in courtrooms, Mello concludes, because the court's norms and constraints force arguments to undergo more searching scrutiny-and rights-based arguments against same-sex marriage contain discriminatory stereotypes that cannot be supported with evidence.In its analysis of the same-sex marriage issue, The Courts, the Ballot Box, and Gay Rights provides insights that illuminate some of the most salient rights-based issues of our time-including affirmative action, abortion, immigration, and drug policy. The book offers a new way of understanding how such issues are decided, and how important context can be in determining the outcome.

If the same-sex marriage debate tells us one thing, it’s that rights do not exist in a vacuum. What works for one side at the ballot box often fails in the courtroom. Conservative opponents of same-sex marriage used appeals to religious liberty and parental rights to win ballot measure campaigns, but could not duplicate this success in court. Looking at the same-sex marriage debate at the ballot box and in the courts, this timely book offers unique insights into one of the most fluid social and legal issues of our day—and into the role of institutional context in how rights are used.Why, Joseph Mello asks, did conservative opponents of same-sex marriage enjoy such an advantage when debating this issue in the popular arena of a ballot measure campaign? And why were they less successful at mobilizing the language of rights in the courts? His analysis shows us that rights don't just entitle us to resources; they also shape the way we see ourselves and are perceived by others. Thus, by using the language of rights to frame their cause, conservative opponents of same-sex marriage were able to construe themselves as victims of oppression, their religious and moral beliefs under threat. The same language, however, proved less useful, or even counterproductive, in courtrooms, Mello concludes, because the court’s norms and constraints force arguments to undergo more searching scrutiny—and rights-based arguments against same-sex marriage contain discriminatory stereotypes that cannot be supported with evidence.In its analysis of the same-sex marriage issue, The Courts, the Ballot Box, and Gay Rights provides insights that illuminate some of the most salient rights-based issues of our time—including affirmative action, abortion, immigration, and drug policy. The book offers a new way of understanding how such issues are decided, and how important context can be in determining the outcome.

The United States has experienced a dramatic shift in attitudes towards cannabis use from the 1970s, when only 12% of Americans said that they thought that cannabis should be legal, to today. What once had been a counterculture drug supplied for the black market by socially marginal figures like drug smugglers and hippies has become a big business, dominated by a few large corporations. Pot for Profit, traces the cultural, historical, political, and legal roots of these changing attitudes towards cannabis. The book also showcases interviews with dispensary owners, bud tenders, and other industry employees about their experience working in the legal cannabis industry, and cannabis reform activists working towards legalization. Mello argues that embracing the profit potential of this drug has been key to the success of cannabis reform, and that this approach has problematic economic and racial implications. The story of cannabis reform shows that neoliberalism may not be an absolute barrier to social change, but it does determine the terrain on which these debates must occur. When activists capitulate to these pressures, they may make some gains, but those gains come with strings attached. This only serves to reinforce the totalizing power of the neoliberal ethos on American life. The book concludes by meditating on what, if anything, can be done to move the cannabis legalization movement back onto a more progressive track.