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Full-Text Articles in Law
With 30 States Set For Marriage Equality, Road Ahead Still Uncertain, Arthur S. Leonard
With 30 States Set For Marriage Equality, Road Ahead Still Uncertain, Arthur S. Leonard
Other Publications
No abstract provided.
The Freedom To Marry: Politics And Law In 2014 And Beyond, Ari Ezra Waldman
The Freedom To Marry: Politics And Law In 2014 And Beyond, Ari Ezra Waldman
Other Publications
No abstract provided.
What If No Majorities Emerge On Doma, Prop 8?, Arthur S. Leonard
What If No Majorities Emerge On Doma, Prop 8?, Arthur S. Leonard
Other Publications
No abstract provided.
Marriage Rights And The Good Life: A Sociological Theory Of Marriage And Constitutional Law, Ari Ezra Waldman
Marriage Rights And The Good Life: A Sociological Theory Of Marriage And Constitutional Law, Ari Ezra Waldman
Articles & Chapters
This is the first in a series of three Articles investigating the underappreciated role that the social theory of Emile Durkheim plays in the quest for the freedom to marry for gay Americans. To that end, this Article begins the discussion by examining the Durkheimian legal arguments that go unnoticed in equal protection and due process claims against marriage discrimination. This Article challenges two assumptions: first, that the most effective legal argument for marriage rights is a purely liberal one, and second, that the substance and rhetoric of liberal toleration cannot exist symbiotically in the marriage discrimination debate with a …