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Against Marriage Equality, June R. Carbone, Naomi Cahn
Against Marriage Equality, June R. Carbone, Naomi Cahn
June R Carbone
Marriage once rested on three overlapping systems of legal inequality. The first elevated men over women as heads of households, entrusting them with decision-making authority and duties of support. The second restricted access to marriage on the basis of race and sexual orientation. The third privileged marital intimate unions over nonmarital ones, reserving societal support for the former while stigmatizing and criminalizing the latter. Marriage law has now changed to recognize the equal status of men and women in managing family finances and assuming responsibility for children. With the Supreme Court’s opinion in Obergefell, same-sex couples, like interracial couples …
From Reynolds To Lawrence To Brown V. Buhman: Antipolygamy Statutes Sliding On The Slippery Slope Of Same-Sex Marriage, Stephen L. Baskind
From Reynolds To Lawrence To Brown V. Buhman: Antipolygamy Statutes Sliding On The Slippery Slope Of Same-Sex Marriage, Stephen L. Baskind
Stephen L Baskind
In 2003 in Lawrence v. Texas (striking Texas’ sodomy law), Justice Scalia predicted in his dissent the end of all morals legislation. If Justice Scalia is correct most, if not all, morals-based legislation may fall. For example, in recent years state laws prohibiting same-sex marriage have fallen to constitutional challenges. Ten years after Lawrence in 2013, a Utah Federal District Court in Brown v. Buhman, though feeling constrained by the 1878 Reynolds case (which rejected a First Amendment challenge to an antipolygamy law), nevertheless at the request of a polygamous family concluded that the cohabitation prong of Utah’s anti-bigamy …