Hail Marriage and Farewell

12 Pages Posted: 3 Oct 2015

See all articles by Ethan J. Leib

Ethan J. Leib

Fordham University School of Law

Date Written: October 1, 2015

Abstract

This essay on the Obergefell decision highlights the opportunity it presents to get states to retreat from the moralistic conception of marriage that the Supreme Court reinforced when it extended marriage rights to same-sex couples. The paper identifies and discusses what some states were considering in the lead-up to Obergefell -- and exposes how marriage-skeptics and those engaged in "massive resistance" to same-sex marriage rights can work together for a future of marriage, cleansed of its religious, gendered, and bourgeois history and manifestation.

Keywords: marriage, same-sex marriage

Suggested Citation

Leib, Ethan J., Hail Marriage and Farewell (October 1, 2015). Fordham Law Review, Vol. 84, 2015; Fordham Law Legal Studies Research Paper No. 2668314. Available at SSRN: https://ssrn.com/abstract=2668314

Ethan J. Leib (Contact Author)

Fordham University School of Law ( email )

150 West 62nd Street
New York, NY 10023
United States

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