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Series

Columbia Law School

Law and Gender

Equality

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

A Historical Guide To The Future Of Marriage For Same-Sex Couples, Suzanne B. Goldberg Jan 2006

A Historical Guide To The Future Of Marriage For Same-Sex Couples, Suzanne B. Goldberg

Faculty Scholarship

This article critically analyzes the evolving history of marriage, prompted by the marriage equality claims brought by same-sex couples. The article includes a copy of an amicus brief submitted on behalf of historians to a New Jersey appellate court in Lewis v. Harris, an ultimately successful challenge to the denial of relationship recognition rights for same-sex couples.


Social Justice Movements And Latcrit Community: On Making Social Constructionist And Anti-Essentialist Arguments In Court, Suzanne B. Goldberg Jan 2002

Social Justice Movements And Latcrit Community: On Making Social Constructionist And Anti-Essentialist Arguments In Court, Suzanne B. Goldberg

Faculty Scholarship

This article examines the difficulties associated with identity-based arguments in litigation. In particular, the article considers the ways in which anti-essentialist and social constructionist framings of identity clash with judicial preferences for fixed identity categories. I review cases in which courts have addressed anti-essentialist and social constructionist arguments (both positively and negatively) and offer preliminary hypotheses to explain the limits on courts' willingness to accept these types of arguments