Sunday, November 14, 2010

Justice Kennedy and the Future of Same-Sex Marriage

The Supreme Court of the United States. Washin...Image via Wikipedia"In the same-sex marriage cases heading to the Supreme Court, both sides typically emphasize fundamental rights arguments.  Supporters and opponents of same-sex marriage both invoke what they see as the fundamental right to marry, though they disagree about whether the right to marry should be conceptualized in historically specific, narrow, and concrete terms or in more general, broad, and abstract terms.  For opponents of same-sex marriage, the right to marry is specifically, narrowly, and concretely heterosexual.  For supporters, the right to marry is more general, broad, and abstract and it is capacious enough to permit or require the legalization of same-sex marriage.  If Michael H. provides us with any clues about what Justice Kennedy will do when and if the Court considers California’s Proposition 8 or the U.S. federal government’s Defense of Marriage Act, supporters of same-sex marriage may have reasons to be hopeful."Justice Kennedy and the Future of Same-Sex Marriage
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