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Selected Works

SelectedWorks

Sexuality and the Law

Susannah W Pollvogt

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

Animus And Marriage Equality, Susannah W. Pollvogt Jan 2013

Animus And Marriage Equality, Susannah W. Pollvogt

Susannah W Pollvogt

Many scholars have speculated about the approach the United States Supreme Court might take in the marriage equality cases currently on its docket. One option that is underexplored is that the Court may revive and rationalize the doctrine of unconstitutional animus. Dormant since the 1996 decision in Romer v. Evans, the doctrine of unconstitutional animus has made only fleeting appearances in the Court’s equal protection jurisprudence, and when it has appeared, it has taken on a distinct incarnation in every instance. For this reason, both scholars and practitioners consider the doctrine to be ill-defined and unreliable. Nonetheless, the doctrine of …


Forgetting Romer, Susannah W. Pollvogt Jan 2013

Forgetting Romer, Susannah W. Pollvogt

Susannah W Pollvogt

No abstract provided.


Unconstitutional Animus, Susannah W. Pollvogt Nov 2012

Unconstitutional Animus, Susannah W. Pollvogt

Susannah W Pollvogt

It is well established that animus can never constitute a legitimate state interest for purposes of equal protection analysis. But neither precedent nor scholarship has stated conclusively what exactly animus is, or what counts as evidence of animus in any given case. The United States Supreme Court has explicitly addressed the question of animus only a handful of times, and these cases do not appear to be particularly congruent with one another, at least on the surface. Further, while scholars have discussed animus in terms of moral philosophy, no one has attempted to articulate a unified theory of animus as …