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Burkart, Brandon, and Kay Rousslang (eds.), Recognition of Same-Sex Marriage. 9 Georgetown J. Gender & L. 1031-1095 (2008).
The intent of this sizable review aims to provide a detailed snapshot of the state recognition of same-sex relationships as it existed at the time of writing. Toward this end, the treatment is comprehensive, beginning with an historical overview including Baehr v. Miike, 1996 WL 694235 (Haw. Cir. Ct. Dec. 3, 1996), the case that started the ball rolling. The authors/editors then discuss those states with anti-same-sex marriage constitutional amendments (Part II), those with a statutory ban (Part III), those that legally recognize same-sex couples (Part IV), and, in Part V, the federal issues such as DOMA and the Federal Marriage Amendment. While review articles such as this are quickly outdated (the California story ends, for example, well before the state supreme court overturned its ban and the reactionary Proposition 8 which followed), this piece strikes the right balance between length and detail.
While advocating a restricted judicial role and a narrow reading of constitutional mandates, Walker posits that the decision in Lawrence v. Texas [539 U.S. 558 (2003)] strengthens the claims of polygamists for constitutional protection. To bolster his argument, the author reviews the central polygamy case, Reynolds v. United States [98 U.S. 145 (1878)] and Goodridge v. Department of Public Health [798 N.E. 2d 941 (Mass. 2003)]. Walker informs readers in footnote 1 that he does not advocate polygamy.
More on: Goodridge, Lawrence, Meyers, polygamy, same-sex marriage, sodomy
