Law Commons^™

Similarly Situated, Giovanna Shay

Giovanna Shay

Opponents of marriage equality in California, Connecticut, and Iowa have argued that gay and straight couples are not “similarly situated.” These litigants have framed “similarly situated” as a threshold inquiry that must be satisfied for equal protection plaintiffs to merit full equal protection review. Courts in Iowa and California have questioned this construction of the “similarly situated” requirement, noting that it essentially permits an end run around equal protection scrutiny. This Article is the first to focus exclusively on the “similarly situated” requirement. It delves into the history of the phrase “similarly situated,” tracing its appearance in equal protection case …