Reason and Prejudice: Is the Heterosexual Monopoly on Marriage Rational?
TL;DRAbstract
For same-sex couples who desire marriage, the Constitution's grand promise of “the equal protection of the laws” has been their greatest hope. Gays and lesbians have gone to court over and over again, pressing their claim that the heterosexual monopoly on marriage violates their right to legal equality. But the promise of equal protection has proved to be complex terrain, especially as applied to the highly emotional issue of same-sex marriage. The public, the litigating attorneys, and especially the courts themselves have struggled to make sense of what legal equality really means for same-sex couples.
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For same-sex couples who desire marriage, the Constitution's grand promise of “the equal protection of the laws” has been their greatest hope. Gays and lesbians have gone to court over and over again, pressing their claim that the heterosexual monopoly on marriage violates their right to legal equality. But the promise of equal protection has proved to be complex terrain, especially as applied to the highly emotional issue of same-sex marriage. The public, the litigating attorneys, and especially the courts themselves have struggled to make sense of what legal equality really means for same-sex couples.
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