To-Get Her Forever: A Man Hater's Right to Same-Sex Marriage
Carmen M. Cusack, To-Get Her Forever: A Man Hater’s Right to Same-Sex Marriage, 10 J.L.& Pub. Pol’y 63 (2013)
36 Pages Posted: 20 Feb 2013
Date Written: September 1, 2012
Not all same-sex partners are born homosexual. Many people in same-sex relationships are born homosexual, but some choose same-sex relationships. Biologically heterosexual women can choose to live in same-sex relationships with other women: lesbians, bisexuals, transsexuals, or heterosexuals. There are many reasons why a woman might want to marry another woman. A heterosexual person may choose a same-sex relationship because her life partner is her platonic best friend, or because her options for binary coupling are subpar. A woman may use a same-sex relationship as a tool to make a political statement about patriarchy. A woman may become involved in a same-sex relationship as a result of psychological trauma. Biologically heterosexual women may use same-sex relationships to satisfy their desires to couple in a stable environment; as a statement about women, family, and society; or as a coping mechanism to heal the abuse suffered during a previous heterosexual relationship.
This article will argue that case law should be applied in a novel, yet just, manner that finds that heterosexual women’s fundamental right to marry includes marriage to other heterosexual women under substantive due process. It will argue that heterosexual women have the right to freely express a political statement against patriarchy by entering into same-sex marriages, and that psychologically disabled people who choose same-sex coping strategies must be treated equally to mentally healthy heterosexuals or psychologically disabled heteronormative individuals under the equal protection clause. Before arriving at the brass tacks of the above arguments in Sections III, IV, and V respectively, this article will first explain its purpose in endeavoring to attack binary marriage in support of same-sex marriage.
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