United States v. Windsor and the Crisis in Equal Protection Jurisprudence
38 Pages Posted: 7 Nov 2013 Last revised: 9 Dec 2013
Date Written: November 6, 2013
This essay reads United States v. Windsor as a tacit admission of the failure of the traditional doctrinal features of equal protection analysis and examines the problems that might have been raised had the Court applied those traditional doctrines to the problem of marriage equality.
Keywords: same-sex marriage, marriage equality, equal protection
JEL Classification: K39
Suggested Citation: Suggested Citation