Academic

Burleson on Same Sex Marriage

By Lawrence Solum

Elizabeth Burleson (USD School of Law) has posted From Nondiscrimination to Civil Marriage on SSRN. Here is the abstract:

As William Faulkner explained, we must be free not because we claim freedom, but because we practice it. This article analyzes the continuing constitutional struggle for civil rights on the basis of sexual orientation, concentrating on the constitution state's critique of its constitution. Connecticut is currently at the forefront of recognizing civil rights. Connecticut has ruled that discrimination against gay and lesbian persons is subject to intermediate scrutiny, which has historically been used to review laws that employ quasi-suspect classifications such as gender. Civil marriage for same sex couples is legal in Connecticut, Iowa, Maine, Massachusetts, New Hampshire and Vermont. New York recognizes marriages by same sex couples legally entered into in another jurisdiction. California?s Proposition 8 renders the Californian Constitution in conflict with itself. This analysis addresses the federal Defense of Marriage Act's impact on same sex couples that marry in Connecticut. It also considers comparative constitutionalism and the evolution of nondiscrimination measures.

Full post as published by Legal Theory Blog on July 29, 2009 (boomark / email).