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Conjuring "Equal Dignity": Mapping The Constitutional Dialogue To And From Same-Sex Marriage, Julie Nice
Conjuring "Equal Dignity": Mapping The Constitutional Dialogue To And From Same-Sex Marriage, Julie Nice
Julie A. Nice
What a long, strange trip it’s been from Bowers v. Hardwick to Obergefell v. Hodges. Less than thirty years after the Supreme Court notoriously upheld the criminalization of same-sex sexuality, the Court now has declared that laws may not exclude gays and lesbians from marriage. How did the majority in Obergefell conjure this “equal dignity” for same-sex couples that they insist the Constitution requires? This essay analyzes the Court's approach by closely examining the majority and dissenting opinions and then providing a synthesis of trends reflected, rationales rejected, issues ignored, and opportunities opened.
First, as to trends reflected, the majority …