The Lawfulness of the Same-Sex Marriage Decisions: Charles Black on Obergefell

22 Pages Posted: 2 Aug 2015 Last revised: 10 Jan 2017

See all articles by Toni M. Massaro

Toni M. Massaro

University of Arizona College of Law

Date Written: January 9, 2017

Abstract

In 1960, Charles Black wrote a justly famous defense of Brown v Board of Education that he described as “awkwardly simple.” His eloquent, influential work offers an equally compelling defense of the Court’s recent decision in Obergefell v. Hodges. This Essay takes the Black argument as a template, and imposes onto it the same-sex marriage decisions. It also imagines how Black might respond to Chief Justice Robert’s dissent in Obergefell.

Keywords: Charles Black, Obergefell, equal protection, due process, liberty, constitutional history, fourteenth amendment, sexual orientation, family law, civil rights, fundamental rights

Suggested Citation

Massaro, Toni Marie, The Lawfulness of the Same-Sex Marriage Decisions: Charles Black on Obergefell (January 9, 2017). 25 William & Mary Bill of Rights Journal 321 (2016); Arizona Legal Studies Discussion Paper No. 15-27. Available at SSRN: https://ssrn.com/abstract=2638552 or http://dx.doi.org/10.2139/ssrn.2638552

Toni Marie Massaro (Contact Author)

University of Arizona College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States
520-626-2687 (Phone)
520-621-9140 (Fax)

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