Animus and Marriage Equality

Pollvogt, Susannah

doi:10.2139/ssrn.2221999

Abstract

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Animus and Marriage Equality

Susannah William Pollvogt

University of Denver Sturm College of Law

February 21, 2013

Columbia L. Rev. Sidebar __ (2013, Forthcoming)
U Denver Legal Studies Research Paper No. 13-27

Abstract:
While application of rational basis review may be viewed as a worst case scenario by advocates of marriage equality, the plaintiffs in both the Proposition 8 and DOMA challenges (Perry and Windsor, respectively) have strong arguments under this standard — arguments that, if adopted by the Court, could invalidate bans against same-sex marriage throughout the country. These arguments are based in the underdeveloped but powerful doctrine of unconstitutional animus.

Number of Pages in PDF File: 47

Keywords: same-sex marriage, marriage equality, Hollingsworth v. Perry, United States v. Windsor, equal protection, animus, unconstitutional animus

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Date posted: February 22, 2013 ; Last revised: May 22, 2013

Suggested Citation

Pollvogt, Susannah William, Animus and Marriage Equality (February 21, 2013). Columbia L. Rev. Sidebar __ (2013, Forthcoming); U Denver Legal Studies Research Paper No. 13-27. Available at SSRN: http://ssrn.com/abstract=2221999 or http://dx.doi.org/10.2139/ssrn.2221999

Contact Information

Susannah William Pollvogt (Contact Author)

University of Denver Sturm College of Law ( email )

2255 E. Evans Avenue
Denver, CO 80208
United States