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Sexuality and the Law

New York Law School

Due process

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Full-Text Articles in Law

Marriage Rights And The Good Life: A Sociological Theory Of Marriage And Constitutional Law, Ari Ezra Waldman Jan 2013

Marriage Rights And The Good Life: A Sociological Theory Of Marriage And Constitutional Law, Ari Ezra Waldman

Articles & Chapters

This is the first in a series of three Articles investigating the underappreciated role that the social theory of Emile Durkheim plays in the quest for the freedom to marry for gay Americans. To that end, this Article begins the discussion by examining the Durkheimian legal arguments that go unnoticed in equal protection and due process claims against marriage discrimination. This Article challenges two assumptions: first, that the most effective legal argument for marriage rights is a purely liberal one, and second, that the substance and rhetoric of liberal toleration cannot exist symbiotically in the marriage discrimination debate with a …


The New York Law School Reporter, Vol. 9, No. 3, November, 1991, New York Law School Nov 1991

The New York Law School Reporter, Vol. 9, No. 3, November, 1991, New York Law School

Student Newspapers

No abstract provided.