Title: The Legitimate and Compelling Interests Advanced by Proposition 8 and the Defense of Marriage Act
Abstract: The constitutional status of gendered civil marriage is indelibly tied to political theory. Yet, in its recent decisions on same-sex marriage, the Supreme Court failed to account for the fundamental moral differences that undergird and overarch the constitutional question about gendered marriage laws. Scholars and judges often assume that the Fifth and Fourteenth Amendments embody a political theory in which liberty is superior to public virtue and community. This article calls that assumption into question.
Publication Year: 2013
Publication Date: 2013-01-01
Language: en
Type: article
Indexed In: ['crossref']
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