United States v. Windsor and the Crisis in Equal Protection Jurisprudence

38 Pages Posted: 7 Nov 2013 Last revised: 9 Dec 2013

See all articles by Susannah Pollvogt

Susannah Pollvogt

University of Arkansas, Fayetteville, School of Law

Date Written: November 6, 2013

Abstract

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

Pollvogt, Susannah, United States v. Windsor and the Crisis in Equal Protection Jurisprudence (November 6, 2013). U Denver Legal Studies Research Paper No. 14-09, Available at SSRN: https://ssrn.com/abstract=2350973 or http://dx.doi.org/10.2139/ssrn.2350973

Susannah Pollvogt (Contact Author)

University of Arkansas, Fayetteville, School of Law ( email )

260 Waterman Hall
Fayetteville, AR 72701
United States

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