The Chapman Dialogues: Same Sex Marriage - Response to Professor Eskridge

7 Pages Posted: 12 Dec 2008 Last revised: 11 Mar 2009

See all articles by Lawrence Rosenthal

Lawrence Rosenthal

Chapman University, The Dale E. Fowler School of Law

Abstract

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

Suggested Citation

Rosenthal, Lawrence, The Chapman Dialogues: Same Sex Marriage - Response to Professor Eskridge. 12 Chap. L. Rev. 12 (2008); Chapman University Law Research Paper No. 09-04. Available at SSRN: https://ssrn.com/abstract=1313317

Lawrence Rosenthal (Contact Author)

Chapman University, The Dale E. Fowler School of Law ( email )

One University Drive
Orange, CA 92866-1099
United States

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