Let’s Talk About Same Sex: How Social Workers Can Make Judges Listen

Researchers have created a diverse toolbox of literature reporting that same sex cohabitating relationships are strikingly similar to heterosexual marriages in amicus curiae briefs submitted to the courts. However, judges are trained to fit information into legal frameworks and to ignore data that d...

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Bibliographic Details
Main Author: Stephanie K. Boys
Format: Article
Language:English
Published: Indiana University School of Social Work 2010-09-01
Series:Advances in Social Work
Subjects:
Online Access:https://journals.iupui.edu/index.php/advancesinsocialwork/article/view/432
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author Stephanie K. Boys
author_facet Stephanie K. Boys
author_sort Stephanie K. Boys
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description Researchers have created a diverse toolbox of literature reporting that same sex cohabitating relationships are strikingly similar to heterosexual marriages in amicus curiae briefs submitted to the courts. However, judges are trained to fit information into legal frameworks and to ignore data that does not fit the rhetoric of a case. The following article aims to fit existing data on same sex relationships into the framework judges will use to decide whether same sex marriage can be prohibited. The primary precedent used to support same sex marriage is based on the analogy of a case prohibiting marriage discrimination based on race. The legal framework created by this case requires social work policy practitioners to frame research in terms of the evolution that has occurred in scientific understanding of same sex attraction and public opinion. A simple shift in the discourse used to frame the data can significantly impact whether judges listen.
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spelling doaj.art-990b06cd8f4343b585aac9cb7efb401c2022-12-21T19:31:57ZengIndiana University School of Social WorkAdvances in Social Work1527-85652331-41252010-09-011121171281125Let’s Talk About Same Sex: How Social Workers Can Make Judges ListenStephanie K. Boys0Indiana UniversityResearchers have created a diverse toolbox of literature reporting that same sex cohabitating relationships are strikingly similar to heterosexual marriages in amicus curiae briefs submitted to the courts. However, judges are trained to fit information into legal frameworks and to ignore data that does not fit the rhetoric of a case. The following article aims to fit existing data on same sex relationships into the framework judges will use to decide whether same sex marriage can be prohibited. The primary precedent used to support same sex marriage is based on the analogy of a case prohibiting marriage discrimination based on race. The legal framework created by this case requires social work policy practitioners to frame research in terms of the evolution that has occurred in scientific understanding of same sex attraction and public opinion. A simple shift in the discourse used to frame the data can significantly impact whether judges listen.https://journals.iupui.edu/index.php/advancesinsocialwork/article/view/432Policy practice, same sex marriage, discrimination, discourse, social policy
spellingShingle Stephanie K. Boys
Let’s Talk About Same Sex: How Social Workers Can Make Judges Listen
Advances in Social Work
Policy practice, same sex marriage, discrimination, discourse, social policy
title Let’s Talk About Same Sex: How Social Workers Can Make Judges Listen
title_full Let’s Talk About Same Sex: How Social Workers Can Make Judges Listen
title_fullStr Let’s Talk About Same Sex: How Social Workers Can Make Judges Listen
title_full_unstemmed Let’s Talk About Same Sex: How Social Workers Can Make Judges Listen
title_short Let’s Talk About Same Sex: How Social Workers Can Make Judges Listen
title_sort let s talk about same sex how social workers can make judges listen
topic Policy practice, same sex marriage, discrimination, discourse, social policy
url https://journals.iupui.edu/index.php/advancesinsocialwork/article/view/432
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