The Chapman Dialogues: Same Sex Marriage - Response to Professor Eskridge
7 Pages Posted: 12 Dec 2008 Last revised: 11 Mar 2009
This essay, a revision of remarks originally delivered as part of the Chapman Dialogues series at Chapman University School of Law, is a response to the remarks of Professor William Eskridge of Yale Law School making the case for the recognition of a constitutional right to same-sex marriage. The essay argues that the judicial establishment of a right in the face of deeply entrenched social norms, prior to the time at which the political groundwork necessary for the enforcement of the right has been laid, risks a powerful and ultimately counterproductive backlash.
Keywords: Same-sex marriage, gay and lesbian rights
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