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
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 animusAccepted Paper Series
Date posted: February 22, 2013 ; Last revised: May 22, 2013
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