Proposition 8 and the Future of American Same-Sex Marriage Activism

Abstract:     
This short Essay represents an attempt to encourage all participants in the same-sex marriage debate to engage in new thinking, new alliances, and new tactics. By critically examining the California and Connecticut Supreme Courts’ recent un-empirical and under-theorized claims as to gay and lesbian dignity, I aim to strip away the veneer of obviousness that attaches to presently popular (if unexamined) gay and lesbian dignity claims. In doing so, I argue that these dignity claims neither necessarily win the battle for same-sex marriage, nor necessarily result in the best legal situation for gay and lesbian people, with their distinct needs, expectations, and desires with respect to family law. My project then is a homo-philic one that is interested in gay and lesbian dignity, but finds it in places other than majoritarian marriage.

Number of Pages in PDF File: 13

Keywords: same-sex marriage, dignity, legal pluralism, agency, gay, lesbian, personal law, India

Accepted Paper Series