“The Politics of Same-Sex Marriage in Canada and the US” Miriam Smith PS: Political Science and Politics April 2005; 38, 2.

Slides:



Advertisements
Similar presentations
Notwithstanding Clause,s.33
Advertisements

The Federal Courts and the Judicial Branch Section 1 at a Glance The Federal Court System The United States has a dual court system. The Judiciary Act.
Chapter 18.1 The National Judiciary
Chapter 8 Same Sex Couples and Families
Civil Unions and Gay Marriage Sydney Cantor. Historical Background 1951: The first national gay rights organization formed 1973: Homosexuality is removed.
Where do our Laws Come From?. “Law” can best be described as a legal iceburg – a small portion is visible and easily described, but a large portion is.
The Importance of a Constitution Basic framework for a nation’s form of government and legal system A nation’s rule book re: making, amending or revoking.
Chapter 25 Section 1 The Cold War BeginsThe Women’s Rights Movement Section 2 Analyze how a movement for women’s rights arose in the 1960s. Explain the.
Human Rights.
Same-Sex Marriage An Update on Overseas Developments.
Functions of Government The Canadian Model.  Government in Canada is divided into 3 main branches: Executive, Legislative, and Judicial.
*Lesbian, gay, and bisexuals deserve the same respect, recognition and protection as opposite.
 The Canadian legal system has its foundation in the British common law system  Quebec, however, still retains a civil system for issues of private.
Summary of Lecture 1 The Australian Legal System
GAY MARRIAGES Is it wrong and should it be illegal?
MARRIAGE PROTECTION ACT Lily Zhang Sabrina Tan. GENERAL INFORMATION  WHAT IS IT?-the act amends the federal judicial code to deny federal courts jurisdiction.
Political & Legal Studies TEE Revision Format  Section 1- Short Answer  3 out of 4 to be completed  Section 2- Source Analysis  1 out of 2 to.
The Women’s Movement Reawakens Title VII of the 1964 Civil Rights Act outlawed job discrimination. It became the legal basis for advances by the women’s.
Section 2-The Feminist Movement Click the mouse button or press the Space Bar to display the information. Chapter Objectives Section 2: The Feminist.
The Federal Courts and the Judicial Branch Section 3 at a Glance The Supreme Court The importance of the Supreme Court has grown since the Court’s early.
Return to Our Essential Question……
Chapter 3 Section 3 A Flexible Document Pages
Classifying Law Sources of Canadian Law. What do you think? 1.Which of these situations involve law? 2.Explain how the law is involved in the situations.
Do Now Please complete questions 1 & 2 on pg. 126.
MR. WHITE’S US HISTORY 2 A CONSERVATIVE MOVEMENT EMERGES.
Extract the Facts, Jack! SSUSH13. SSUSH13 – The student will identify major efforts to reform American society and politics in the Progressive Era. a.
Unit 7 (Chapter 17 in textbook). Progressive Reforms advocated for a larger role for the government in promoting the general welfare Social Gospel – religious.
Explaining American Political Culture Chapter 4, Theme B.
Popular Sovereignty People give government the power to rule Limited Government Government is NOT all powerful; can only do what people give it power.
I can understand that sources of law include The Constitution, The Charter of Rights and Freedoms, Treaties, statutes, and common law. I can understand.
TEKS 8C: Calculate percent composition and empirical and molecular formulas. Chapter 23.2: Women's Rights in the 1960s–1970s.
Political and Social Ideologies. Political Ideology is an organised collection of ideas and values that describes a political system, movement or way.
The Constitution For Canada and our Country. What is a Constitution?  The Constitution serves as the supreme law of the land:  Every government policy.
Equal Protection or Substantive Due Process?  The Court has alternated in their analyses in the Sexual Orientation cases.  In the Obergefell decision,
Copyright © 2016 Pearson Education, Inc Chapter 2 Managing Equal Opportunity and Diversity 2-2 Copyright © 2016 Pearson Education, Inc.
U.S. History Unit 7 Terms #1-13 Civil Rights. What are Civil Rights? Civil Rights refer to the positive acts a government takes to protect us against.
 Set up a Reserve System for ALL of the First Nations across Canada  Determined who was “Indian” who was not  Set up an Education System to “assimilate”
TEKS 8C: Calculate percent composition and empirical and molecular formulas. Women's Rights in the 1960s–1970s.
When Supreme Court justices narrowly interpret laws and limit their decisions in order to avoid making public policy or attention drawn to the issue Believe.
Women’s Rights Movement TSW: What events and methods were used by women during the women's movement to gain equal rights? What progress was made as a.
American and Texas Government : Policy and Politics, 10/e By Neal Tannahill 2010, 2008, 2006 Pearson Education, Inc 2010, 2008,
The Legacy of the Civil Rights Movement The revival of feminism in the 1960s first emerged with the National Organization of Women (NOW) founded in 1966.
Criminal law Amendment Act,   42% of the Canadian population thought that sexual intercourse between two consenting men was a crime
Women's Rights in the 1960s–1970s
Same Sex Marriage Same sex marriage couples lose government
Lesson 26: How Does American Federalism Work?.
1980s: Conservative Movement
Canadian Constitutional Law
Women's Liberation Movement.
Latinos, Native Americans, and Women Seek Equality
Slide Deck 7: Rights and Responsibilities in a Democracy
Women's Rights in the 1960s–1970s
Bell Ringer #6 What do you think will be the biggest issue (not military) for our federal government to deal with? How will it be different for states?
Consequences of the Referendum
American Federalism Lesson 26.
Objectives Analyze how a movement for women’s rights arose in the 1960s. Explain the goals and tactics of the women’s movement. Assess the impact of.
Exploring Jurisprudence
Canada’s Government.
Return to Our Essential Question……
SOURCES AND CATEGORIES OF LAW
Objectives Analyze how a movement for women’s rights arose in the 1960s. Explain the goals and tactics of the women’s movement. Assess the impact of.
Functions of Government
Feminist Victories and Defeats
Federal Government.
Criminal Law By Ida.
CANADIAN CONSTITUTIONAL LAW
Canada’s Government.
Bellringer If a state is primarily represented by one political party, how might redistricting (redrawing of electoral district boundaries) create an.
Presentation transcript:

“The Politics of Same-Sex Marriage in Canada and the US” Miriam Smith PS: Political Science and Politics April 2005; 38, 2.

Method Method: Historical Institutionalist Account Historical Institutionalist argue that policy develops over time, and that policy options are largely shaped by political institutions. It is differences in the institutional aspects of US and Canada politics that explain diverging laws on SSM. …

US and Canada: Diverging Policy on SSM In the US, SSM has been banned. In Canada, after three court ruling in the provinces, and a Supreme Court of Canada decision in support of SSM, has “led to proposed federal legislation legalizing SSM.” Canada and SSM: In Canada, the rights of GLBT have been greatly expanded over the last decade. US and SSM: “In many jurisdictions, it is legal to discriminate against lesbians and gays in areas such as employment and housing…” …

US and Canada: Similarities US and Canada Similar: Share Culture, language and Social Movement History The two countries have a share a common history, language, culture, legal roots, religious heritage. They also both experienced social change in the 1960s, and each saw the advent of a gay and lesbian social movement. Why the Difference in Policy?

US and Canada: Policy Differences Criminalization v. Human Rights In the US, discrimination against Gays and Lesbians has been sanctioned by laws outlawing sodomy. Canada legalized sodomy as part of the “1969 law reforms” which sought to modernize Canadian family law. As a result, SSM has been regarded as a moral issue, as opposed to in Canada where it is viewed as a “human right.” …

Theory: Role of Culture? What about Culturally Difference: US is More Conservative, CN is more Liberal? Cultural cannot account for the wide gap between US and CN law on SSM, since American and Canadian public opinion is not that divergent. That is, most Amers. support anti-discrimination laws, and roughly 50% support SSM. …

Theory: Role of Federalism? Federalism: US System allows more access points for Opponents of SSM In US, opponents can launch referendums, or initiatives to bar practices like SSM. In Canada, Parliament has exclusive control over “marriage law.” US and SSM: Politics of the Right Republicans have exploited institutional openings in the US political system to block SSM. …

USCanada Federalism (Decentralized)Parliamentary (Centralized) Criminal Law (Shared)Criminal Law (Centralized) States have Power over Families (Police Powers/Health and Safety (10 Amendment)) Referendums (origin from the public) Initiatives (origin from the legislature) US and Canada: Institutional Differences