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The Genuine Article: A Subversive Economic Perspective On The Law's Procreationist Vision Of Marriage , Courtney M. Cahill Aug 2006

The Genuine Article: A Subversive Economic Perspective On The Law's Procreationist Vision Of Marriage , Courtney M. Cahill

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This Article provides a new perspective on the image of marriage that has emerged from the same-sex marriage debate. However flawed, the procreation rationale has enjoyed overwhelming success in recent same-sex marriage litigation. However absurd, the idea that same-sex marriage is a species of counterfeit has become so commonplace in the rhetoric surrounding same-sex marriage that it nearly escapes our notice. This Article argues that while neither the procreation rationale nor contemporary counterfeiting rhetoric makes much sense when considered in isolation, both make a great deal of sense when considered in concert. To that end, this Article looks at the …


The Grammar Of Incest: Boundary Violation, Disgust, And The Slippery Slope Trope, Courtney M. Cahill Sep 2004

The Grammar Of Incest: Boundary Violation, Disgust, And The Slippery Slope Trope, Courtney M. Cahill

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This Article examines the role that the incest taboo has played in shaping a normative vision of the family in the law, and argues that the law must reappraise the extent to which disgust, rather than reasoned argument, sustains laws governing sexual and familial choice. It takes issue with the claim that discussion of the taboo has led to its erosion, and contends that it has remained a powerful symbol of non-normative sexuality that is used as the extreme case against which kinship relations are measured. In order to explain why the taboo has persisted over time as a point …