Social Constructions of Gays and Lesbians in Same-Sex Marriage : A Narrative Analysis

Using Schneider and Ingram's social construction model, this paper evaluates the construction and presentation of gay marriage within the legal field. Starting with the first judicial opinion of gay marriage in Hawaii and concluding with the most recent California decision, the paper evaluates the social construction of gays and lesbians within judicial opinions by tracking their evolution over time. Conducting a content analysis, the paper concludes that there has been a significant change in the way that gays and lesbians have been socially constructed by judges over time, moving from the deviant category to arguably the contender classification. Evaluating judicial constructions of populations over time is important in understanding public policy considerations and the critical role that courts play in this process