The Efficacy of Legal Mobilization Regarding Canada’s LGBTQ Social Movement and Success in Achieving Same-Sex Marriage

Legal mobilization is a crucial mechanism for social change, shaping legal frameworks and influencing public discourse. This analysis explores its effectiveness through a literature review and a comparative case study — exploring the real-world implications of the legal mobilization debate. The first section engages with the scholarly debate between optimists, who regard legal mobilization as a catalyst for progress, and pessimists, who question its transformative potential. Key proponents, including Michael McCann, Celeste Arrington, and César Rodríguez-Garavito, emphasize both its direct legal effects and broader societal impact, while critics such as Gerald Rosenberg and Larry Savage argue that judicial decisions alone rarely lead to substantive change. The second section examines Vriend v Alberta (1998) and Reference re Same-Sex Marriage (2004), two landmark cases in Canada’s LGBTQ+ rights movement—rulings which secured legal protections and contributed to shifting public perceptions of same-sex equality. As a dynamic force shaping jurisprudence and public attitudes, legal mobilization reinforces its role as a powerful driver of social transformation.