Friday, June 20, 2008

Academics Discuss California Same-Sex Marriage Case

I have compiled a list of articles by academics on the California same-sex marriage case; most of them appear at Findlaw's Writ. I have listed them here in chronological order, which may be useful if you are going to read them all, as many reference the previous articles. If you don't have time to read them all, I would suggest reading at least the last three - the two Grossman and McClain articles as they provide the best general overview and analysis, and Andrew Koppelman's piece, which helps to fit the case into a broader, national and historical perspective. (I wish I had time to write my own article on the subject right now, particularly to compare and contrast the California decision with the Massachusetts decision, as there are many more interesting points to be made. Maybe later.)

The California Same-Sex Marriage Ruling: What it Says, What it Means, and Why It's Right (Michael Dorf, May 19, 2008, Findlaw)

The California Supreme Court's Gay Marriage Opinion: The People of California Have the Power to Undo It By a Ballot Initiative Amending the State Constitution, But How Far Should That Power Extend? (Vikram Amar, May 22, 2008, Findlaw)

The California Supreme Court's Decision Equalizing Marriage for Gay and Straight Couples: Did the Court Overstep? (Edward Lazarus, May 23, 2008, Findlaw)

The California Supreme Court Rules in Favor of Marriage for Same-Sex Couples: Why Domestic Partnerships Are Not Enough (Part One in a Two-Part Series of Columns) (Joanna Grossman and Linda McClain, May 27, 2008, Findlaw)

The California Supreme Court Rules in Favor of Marriage for Same-Sex Couples: How Conservative Reasons Led to a Progressive Result (Part Two in a Two-Part Series of Columns)(Joanna Grossman and Linda McClain, May 28, 2008, Findlaw)

State of Chaos? (Andrew Koppelman, June 6, 2008, Balkinization Blog)


For information about Massachusetts divorce and family law, see the divorce and family law page of my law firm website.

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