Marriage Equality in State and Nation

65 Pages Posted: 3 Sep 2014

See all articles by Anthony Michael Kreis

Anthony Michael Kreis

Georgia State University - College of Law

Date Written: August 22, 2014


While significant attention has been paid to the rationales employed by judges invalidating same-sex marriage bans, little has been done to consider how legislators viewed their commitment to advance marriage equality. This article argues that the advancement of same-sex marriage in the United States has been a quintessential popular constitutional movement. The piece undertakes a state-by-state analysis of the constitutionally-grounded arguments used in early state legislative efforts to support the enactment of marriage equality, relying on over 150 interviews and nearly 500 pages of interview transcripts conducted with legislators, governors, judges, activists, religious leaders, and key community stakeholders.

Keywords: same-sex marriage, LGBT rights, legislation, popular constitutionalism, judicial power, legal history, civil rights, religious liberty, constitutional theory, legislative process,

Suggested Citation

Kreis, Anthony Michael, Marriage Equality in State and Nation (August 22, 2014). William & Mary Bill of Rights, Vol. 22, No. 3, 2014, Available at SSRN:

Anthony Michael Kreis (Contact Author)

Georgia State University - College of Law ( email )

P.O. Box 4037
Atlanta, GA 30302-4037
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Abstract Views
PlumX Metrics