Rights, Privileges, and the Future of Marriage Law

28 Regent University Law Review 71 (2015) (invited)

41 Pages Posted: 16 Jul 2016

See all articles by Adam MacLeod

Adam MacLeod

Faulkner University - Thomas Goode Jones School of Law

Date Written: August 2015

Abstract

On the eve of its final triumph, has the cause of marriage equality fallen short? This article discusses persistent differences in the incidents that attach to same-sex marriages versus man-woman marriages. It examines these in light of the distinction between fundamental rights and concessions of privilege in marriage law, and in common law constitutionalism generally. That examination suggests that the norms of natural marriage are likely to reassert themselves in positive law, notwithstanding the U.S. Supreme Court's recent marriage jurisprudence. Finally, the article suggests that lawmakers would do well to consider how additional concessions of privilege can best serve the interests of all.

Keywords: marriage equality, fundamental rights, children's rights, privileges, common law constitutionalism, natural law, positive law

Suggested Citation

MacLeod, Adam, Rights, Privileges, and the Future of Marriage Law (August 2015). 28 Regent University Law Review 71 (2015) (invited). Available at SSRN: https://ssrn.com/abstract=2810154

Adam MacLeod (Contact Author)

Faulkner University - Thomas Goode Jones School of Law ( email )

Montgomery, AL 36109
United States

HOME PAGE: http://https://www.faulkner.edu/faculty/adam-j-macleod/

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