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Kim Forde-Mazrui

Marriage

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Full-Text Articles in Law

Tradition As Justification: The Case Of Opposite-Sex Marriage, Kim Forde-Mazrui Jan 2011

Tradition As Justification: The Case Of Opposite-Sex Marriage, Kim Forde-Mazrui

Kim Forde-Mazrui

A central point of contention in the national debate over same-sex marriage is the importance of preserving tradition. That debate also features prominently in constitutional litigation over bans on same-sex marriage. Opponents of such bans argue that tradition is an illegitimate justification for them, while defenders of traditional marriage contend that tradition is not only a legitimate justification, it is sufficiently important to withstand heightened judicial scrutiny.

This article assesses tradition as a justification for laws challenged on equal protection grounds, with a focus on laws that limit marriage to different-sex couples. The article makes two main points. First, it …


Live And Let Love (Reviewing Randall Kennedy, Interracial Intimacies: Sex, Marriage, Identity And Adoption (2003)), Kim Forde-Mazrui May 2003

Live And Let Love (Reviewing Randall Kennedy, Interracial Intimacies: Sex, Marriage, Identity And Adoption (2003)), Kim Forde-Mazrui

Kim Forde-Mazrui

No abstract provided.