Abstract

http://ssrn.com/abstract=1800382
 


 



Searching for Harm: Same-Sex Marriage and the Well-Being of Children


Courtney G. Joslin


University of California, Davis - School of Law

March 31, 2011

46 Harvard Civil Rights-Civil Liberties Law Review 81 (2011)
UC Davis Legal Studies Research Paper No. 252

Abstract:     
For the past two decades, claims related to the welfare and well-being of children have been invoked by those defending same-sex marriage bans. This Article offers a new and fruitful perspective on why courts should seriously question the credibility of these asserted child welfare claims. Many assume that these repeated invocations of child welfare related concerns have remained constant, or at least consistent, over time. A closer examination, however, reveals that while children have remained front and center, the particular proffered interests have continued to mutate over time and that more recent claims are inconsistent or at least in tension with earlier arguments. Drawing upon employment discrimination law, this Article argues that this historical perspective should cause courts to be suspicious of these ever changing rationales for same-sex marriage bans.

Number of Pages in PDF File: 23

Keywords: marriage, lesbian, gay, same-sex, child, welfare, sexual orientation, discrimination, animus, equal protection, pretext, procreation


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Date posted: April 5, 2011 ; Last revised: January 8, 2015

Suggested Citation

Joslin, Courtney G., Searching for Harm: Same-Sex Marriage and the Well-Being of Children (March 31, 2011). 46 Harvard Civil Rights-Civil Liberties Law Review 81 (2011); UC Davis Legal Studies Research Paper No. 252. Available at SSRN: http://ssrn.com/abstract=1800382

Contact Information

Courtney G. Joslin (Contact Author)
University of California, Davis - School of Law ( email )
400 Mrak Hall Drive
Davis, CA 95616
United States
(530) 752-8325 (Phone)
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