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Duke Journal of Gender Law & Policy

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What’S Love Got To Do With It? A Proposal For Elevating The Status Of Marriage By Narrowing Its Definition, While Universally Extending The Rights And Benefits Enjoyed By Married Couples, James L. Musselman Jan 2009

What’S Love Got To Do With It? A Proposal For Elevating The Status Of Marriage By Narrowing Its Definition, While Universally Extending The Rights And Benefits Enjoyed By Married Couples, James L. Musselman

Duke Journal of Gender Law & Policy

[...] opposite-sex couples desiring a traditional marriage could choose the option that generally adopts portions of the covenant marriage law enacted thus far by three states. According to Professors Jennifer Drobac and Antony Page, [b]efore the late eighteenth century, marriage typically only served one or more of three goals: (1) to consolidate wealth and resources, (2) to forge political alliances, and (3) to consummate peace treaties.


Preservationism, Or The Elephant In The Room: How Opponents Of Same-Sex Marriage Deceive Us Into Establishing Religion, Justin T. Wilson Jan 2007

Preservationism, Or The Elephant In The Room: How Opponents Of Same-Sex Marriage Deceive Us Into Establishing Religion, Justin T. Wilson

Duke Journal of Gender Law & Policy

The overwhelming majority of support for bans on same-sex civil marriage has come from religious believers, and the so-called "secular justifications" for these bans are mere pretexts for religious beliefs that homosexuality, homosexuals, and same-sex couples are evil or sinful. Courts should take a hard look at the substantive justifications offered in support of same-sex marriage bans, bearing in mind that (1) these justifications are universally offered by religious believers but are infrequently offered by credentialed Secularists, and (2) they are the result of a studied use of pretextual, secular-sounding language to cloak a religiously-motivated bias against homosexuals and same-sex …