Gay rights litigation has been very successful in our neighbor to the north, with major victories at both the federal and provincial levels (including with respect to marriage benefits. According to oft-cited conventional wisdom, this success should have been a disaster for the gay rights movement, mobilizing a huge backlash and setting the cause back for generations as citizens were incensed by decision by "activist" courts. The problem is that this is not, in fact, true. Not only did Parliament end up formally recognizing gay marriage, but gay marriage has continued to become more popular, now commanding the support of almost 60% of the Canadian public.
That may well be, but I'm not sure this totally disproves the counter-mobilization theory. My observation was that pathbreaking gay rights judicial decisions do spark a backlash, but not in the jurisdiction their made in. The response to the Goodridge decision, for example, was far more hostile around the country than it ever was in Massachusetts specifically. The anti-gay impacts were felt most acutely in Ohio or Oregon, not that Bay State. Massachusetts denizens, of course, got to observe the effects of gay marriage first hand and were able to conclude that the sky didn't fall. But voters elsewhere had no such direct experience and thus only saw gay marriage presented by demagogic figures through the prism of a grave, imminent threat to the family.
Hence, I think the counter-mobilization hypothesis still makes sense when outsiders hear of a path-breaking gay rights decision elsewhere. Without the countervailing factor of actually observing gay families, counter-moblization can still occur. This doesn't mean abandoning litigation as a strategy, but it does mean that progressives must push harder for the visibility of gay and lesbian families across the country, not just in the stereotypical "hotspots."
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