Abstract

http://ssrn.com/abstract=933102
 
 

Footnotes (303)



 


 



The Genuine Article: A Subversive Economic Perspective on the Law's Procreationist Vision of Marriage


Courtney M. Cahill


Florida State University - College of Law


Washington and Lee Law Review, Vol. 64, 2007
Roger Williams Univ. Legal Studies Paper No. 58
Washington & Lee Legal Studies Paper No. 2006-10

Abstract:     
This Article provides a new perspective on the image of marriage that has emerged from the same-sex marriage debate. However flawed, the procreation rationale has enjoyed overwhelming success in recent same-sex marriage litigation. However absurd, the idea that same-sex marriage is a species of counterfeit has become so commonplace in the rhetoric surrounding same-sex marriage that it nearly escapes our notice. This Article argues that while neither the procreation rationale nor contemporary counterfeiting rhetoric makes much sense when considered in isolation, both make a great deal of sense when considered in concert. To that end, this Article looks at the historical casting of non-normative intimate relationships and reproductive practices (sodomy and miscegenation) in subversive economic terms (counterfeit) in order to explain the highly influential procreation rationale for same-sex marriage prohibitions. It ultimately suggests that the image of same-sex marriage (and same-sex reproduction) as a fraud that has emerged from the same-sex marriage debate, and from recent same-sex marriage litigation, brings us back full circle to sodomy and links up with the imagery of disgust that once surrounded sodomy regulation and the legal treatment of sexual minorities through Lawrence v. Texas. It also suggests that the law's procreationist vision of marriage might be viewed as at once hopelessly restrictive and daringly liberating.

Number of Pages in PDF File: 77

Keywords: Same-Sex Marriage, Constitutional Law, Sexual Orientation

Accepted Paper Series


Download This Paper

Date posted: October 26, 2006  

Suggested Citation

Cahill, Courtney M., The Genuine Article: A Subversive Economic Perspective on the Law's Procreationist Vision of Marriage. Washington and Lee Law Review, Vol. 64, 2007; Roger Williams Univ. Legal Studies Paper No. 58; Washington & Lee Legal Studies Paper No. 2006-10. Available at SSRN: http://ssrn.com/abstract=933102

Contact Information

Courtney M. Cahill (Contact Author)
Florida State University - College of Law ( email )
425 W. Jefferson Street
Tallahassee, FL 32306
United States
Feedback to SSRN


Paper statistics
Abstract Views: 858
Downloads: 76
Download Rank: 180,259
Footnotes:  303

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.297 seconds