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Proposition 8

Law and Gender

Articles 1 - 4 of 4

Full-Text Articles in Law

With 30 States Set For Marriage Equality, Road Ahead Still Uncertain, Arthur S. Leonard Jan 2014

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 Jan 2014

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 Jan 2013

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 Jan 2013

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 …