Cycnos | Volume 32.2- Les guerres culturelles aux États-Unis | III. Guerres culturelles : le rôle du judiciaire

Résumé :

International audience

Gay rights have been arbitrarily subjected to a popular vote over the years. The conflict over same-sex marriage not only triggered institutional confusion but also provided an opportunity to assert traditional values resulting in homophobie prejudice. This trend became symptomatic of the culture wars in which same-sex couples decided to fight for full equality to claim their constitutional right to be married and to refuse to be referred to as "domestic partners". Trying to win the freedom to marry, within a culture-war framework, tumed into a long­standing political and constitutional battle to put an end to second-class citizenship and to educate the American people on a reality that is often imbued with a long history of discrimination and prejudice. Far from being a myth, the culture wars are inherently part of the system of checks and balances by providing a unique opportunity for the community to reinforce the role of the judiciary in protecting minority rights.

Mots-clés : Constitutional law, culture wars, equal rights, ideologies, justice, LGBT history, marriage equality, structural discrimination

Date de publication : 2016