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Full-Text Articles in Sexuality and the Law
Same-Sex Marriage And Federalism, Nancy J. Knauer
Same-Sex Marriage And Federalism, Nancy J. Knauer
Nancy J. Knauer
The increasing willingness of states to recognize same-sex relationships illustrates the central theme of this Symposium: federalism provides states the freedom to experiment with novel solutions to pressing social issues. The development of progressive policies seems to bear out Justice Brandeis' optimistic vision of federalism where "a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country." With respect to same-sex relationships, however, state level reform efforts have not been uniformly progressive. To the contrary, the vast majority of these efforts prohibit the …
Chapman Dialogues: Same Sex Marriage - Response To Professor Eskrdige, Lawrence Rosenthal
Chapman Dialogues: Same Sex Marriage - Response To Professor Eskrdige, Lawrence Rosenthal
Lawrence Rosenthal
This essay, a revision of remarks originally delivered as part of the Chapman Dialogues series at Chapman University School of Law, is a response to the remarks of Professor William Eskridge of Yale Law School making the case for the recognition of a constitutional right to same-sex marriage. The essay argues that the judicial establishment of a right in the face of deeply entrenched social norms, prior to the time at which the political groundwork necessary for the enforcement of the right has been laid, risks a powerful and ultimately counterproductive backlash.