And Justice For All? Litigation, Politics, and the State of Marriage Equality Today
Suzanne B. Goldberg
Clinical Professor and Director of the Sexuality and Gender Law Clinic at Columbia Law School, Suzanne B. Goldberg examines the movement for marriage rights for same-sex couples, sketching the legal landscape related to advances in marriage equality. She summarizes the current status of state laws in this context, noting that since Massachusetts has allowed same-sex couples to marry, the debate has shifted to why lesbian and gay couples may marry in some jurisdictions, but not others. Goldberg deflects critics of equality with a discussion of the substantial weaknesses pervading their arguments. She ultimately concludes that, “although the cultural debate may remain fervent for some time, the legal arguments being advanced to justify excluding same-sex couples from marriage have little logical or factual force.” She explores the strength of the case for marriage equality, recalling that the right to marry has long been recognized as a fundamental right and noting the discrimination implicit in its limitation on the basis of sex or sexual orientation. She predicts further progress and that, “as more courts and legislatures move to equalize marriage rights in the near future, they, like the Supreme Judicial Court of Massachusetts in Goodridge, ultimately will be celebrated as another important step in realizing our nation’s commitment to equal justice under law.” For those seeking to understand the current state of this civil rights issue and the tenor and substance of the legal rhetoric, her analysis is a valuable resource.
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| Goldberg- Justice for All- Marriage Equality- Nov 2006- Advance Vol 1.pdf | 178.15 KB |
