Document Type
Article
Publication Date
2008
Publication Information
50 S. Tex. L. Rev. 45 (2008).
Abstract
The constitutional argument for legally recognizing same-sex relationships as "marriages" is a straightforward non-discrimination claim: because there is no relevant difference between the capacity of same-sex couples and opposite-sex couples for marriage, restrictive laws arbitrarily withhold the recognition and benefits which legal marriage entails. If the statutory category - in this case, a couple's sex - does not contribute to the realization of any legitimate state goal, the law lacks a basis in reason. And, it is unconstitutional. As the Massachusetts Supreme Judicial Court concluded in Goodridge v. Department of Public Health, the state "failed to identify any constitutionally adequate reason for denying civil marriage to same-sex couples." As a result, same-sex marriage debuted in Massachusetts.
Recommended Citation
Gerard V. Bradley,
Three Liberal - But Mistaken - Arguments for Same-Sex Marriage,
50 S. Tex. L. Rev. 45 (2008)..
Available at:
https://scholarship.law.nd.edu/law_faculty_scholarship/1818