ABSTRACT
Because American law is based on the premise that all persons are entitled to equal justice under the law, unpopular positions are more likely to be heard in the courts than in the legislative and executive branches of government. This makes the judiciary, particularly the Supreme Court, increasingly important instruments of social change in the United States, as many groups seek to have their voices heard there. Social movements can best be thought of as groups of people seeking some kind of change in the social order, and usually for every social movement there is a coimtermovement whose goal is to resist the change that social movements advocate. These groups can be large or small, centered on a specific issue or around broad ideals, and can be highly organized with a rigid hierarchy or loosely organized with no clear structure. Social movements and their countermovement opponents must seek validation from the state, and can do so in different ways. They may appeal to a large enough number of people for legislatures or executives to act on their behalf. If social movements represent minority viewpoints, however, this popular support may be difficult to arrange. Thus, the courts may be the only refuge for these groups.
