Resistance to Same-Sex Marriage as a Story About Language: Linguistic Failure and the Priority of a Living Language

51 Pages Posted: 22 Sep 2009

See all articles by Mae Kuykendall

Mae Kuykendall

Michigan State University College of Law

Date Written: April 21, 1999

Abstract

Government efforts to undo gay marriage speech lack linguistic credibility and cause harm, both individually and collectively. The 'unsaying' of gay marriage is undemocratic, intimidates the speakers, and encourages censorship of marriage speech generally. Unsaying is linguistically unsound because it tries to freeze an evolving language. Although the constitutional aspects of the legal unsaying of marriage are debatable, common sense dictates the inappropriateness of efforts to stop this evolution.

Keywords: marriage, gay, same sex, linguistic, DOMA, gender, speech, discourse, narrative, performative

Suggested Citation

Kuykendall, Mae, Resistance to Same-Sex Marriage as a Story About Language: Linguistic Failure and the Priority of a Living Language (April 21, 1999). Harvard Civil Rights-Civil Liberties Law Review (CR-CL), Vol. 34, No. 2, 1999, Available at SSRN: https://ssrn.com/abstract=1476547

Mae Kuykendall (Contact Author)

Michigan State University College of Law ( email )

318 Law College Building
East Lansing, MI 48824-1300
United States

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