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What Marriage Law Can Learn From Citizenship Law (And Vice Versa), Govind Persad
What Marriage Law Can Learn From Citizenship Law (And Vice Versa), Govind Persad
Sturm College of Law: Faculty Scholarship
Citizenship and marriage are legal statuses that generate numerous privileges and responsibilities. Legal doctrine and argument have analogized these statuses in passing: consider, for example, Ted Olson’s statement in the Hollingsworth v. Perry oral argument that denying the label “marriage” to gay unions “is like you were to say you can vote, you can travel, but you may not be a citizen.” However, the parallel between citizenship and marriage has rarely been investigated in depth. This paper investigates the marriage-citizenship parallel with a particular focus on three questions prompted by recent developments in law and policy: 1) Should we provide …