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Articles 91 - 93 of 93
Full-Text Articles in Sexuality and the Law
The "Accidental Procreation" Argument For Withholding Legal Recognition For Same-Sex Relationships, Edward D. Stein
The "Accidental Procreation" Argument For Withholding Legal Recognition For Same-Sex Relationships, Edward D. Stein
Articles
This article examines “the accidental procreation argument,” an argument against same-sex marriage that still has some traction in United States appellate courts. The accidental procreation argument is meant to take the place of one of the central arguments made by states — and almost universally accepted by courts — in the first batch of cases in the United States about same-sex marriage. That original procreation-based argument — now widely acknowledged to be inadequate — posited that marriage is crucially related to procreation; therefore, since same-sex couples cannot procreate, same-sex couples should not be allowed to marry. The accidental procreation argument …
Marriage As A Message: Same-Sex Couples And The Rhetoric Of Accidental Procreation, Kerry Abrams, Peter Brooks
Marriage As A Message: Same-Sex Couples And The Rhetoric Of Accidental Procreation, Kerry Abrams, Peter Brooks
Faculty Scholarship
In his dissent in the 2003 case Goodridge v. Department of Health, Justice Robert Cordy of the Massachusetts Supreme Court introduced a novel argument in support of state bans on same-sex marriage: that marriage is an institution designed to create a safe social and legal space for accidental heterosexual reproduction, a space that is not necessary for same-sex couples who, by definition, cannot accidentally reproduce. Since 2003, every state appellate court considering a same-sex marriage case has adopted Justice Cordy's dissent until the recent California Supreme Court decision In Re Marriage Cases. In case after case, courts have held that …
Can A Subsequent Change In Law Void A Marriage That Was Valid At Its Inception? Considering The Legal Effect Of Proposition 8 On California's Existing Same-Sex Marriages, Lois A. Weithorn
Faculty Scholarship
No abstract provided.