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Sexuality and the Law Commons

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Marriage equality

Maurer School of Law: Indiana University

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Non-Marital Families And (Or After?) Marriage Equality, Deborah A. Widiss Jan 2015

Non-Marital Families And (Or After?) Marriage Equality, Deborah A. Widiss

Articles by Maurer Faculty

If, as is widely expected, the Supreme Court soon holds that bans on same-sex marriage are unconstitutional, it is almost certain that the decision will rely heavily on the Court’s reasoning in United States v. Windsor. I strongly support marriage equality. However, a decision that amplifies Windsor’s conception of the harm caused by exclusionary marriage rules could set back efforts to secure legal recognition of, and respect for, non-marital families. That is, Windsor rectified a deep inequality in the law—that same-sex marriages were categorically denied federal recognition—but in so doing it embraced a traditional understanding of marriage as superior to …


Mini-Domas As Political Process Failures: The Case For Heightened Scrutiny Of State Anti-Gay Marriage Amendments, Steve Sanders Jan 2014

Mini-Domas As Political Process Failures: The Case For Heightened Scrutiny Of State Anti-Gay Marriage Amendments, Steve Sanders

Articles by Maurer Faculty

No abstract provided.