Symposium Issue: Making Constitutional Change
Volume 37, Issue 1
The N.Y.U. Review of Law & Social Change is proud to publish the following issue, dedicated to the 2012 Symposium: Making Constitutional Change: The Past, Present, and Future Role of Perry v. Brown. Authors provided their insights to the questions listed below.
Question 1: How has Perry affected the work of LGBTQ advocates working on issues other than marriage equality, or on marriage equality in ways other than litigation?
Gabriel Arkles, Marriage and Mass Incarceration
Mary Bernstein, Perry and the LGTBQ Movement
Ryan Kendall, Prop. 8: Advancing Civil Rights Through Cultural and Constitutional Change
Anthony Michael Kreis and Robin Fretwell Wilson, The Overlooked Benefit of Minimalism: Perry v. Brown and the Future of Marriage Equality
Nancy D. Polikoff, What Marriage Equality Arguments Portend for Domestic Partner Employee Benefits
Andrea J. Ritchie, The Pertinence of Perry to Challenging the Continuing Criminalization of LGBT People
Natasha Rivera-Silber, “Coming Out Undocumented” in the Age of Perry
Dean Spade, Under the Cover of Gay Rights
Urvashi Vaid, “Now You Get What You Want, Do You Want More?”
Karin Wang, When Litigation Collides with Grassroots Organizing: The Impact of the Perry Lawsuit Through the Eyes of Asian Americans Organizing for Marriage Equality
Evan Wolfson, Where Perry Fits in the National Strategy to Win the Freedom to Marry
Question 2: How has Perry affected other marriage-equality litigation strategies?
Matt Coles, Reinhardt is Right; Perry is a Case About California
Roberta Kaplan and Jaren Janghorbani, Proof vs. Prejudice
Michael Kavey, Slighting the Sex-Discrimination Claim in Hollingsworth v. Perry
Jennifer C. Pizer, How Has Perry Affected Other Marriage-Rights Strategies? Reflections on a Silver Anniversary and the Golden Rule
Paul M. Smith, The Perry Litigation and the Changing Political Landscape for Marriage Equality
Therese M. Stewart and Mollie M. Lee, The Role of Public Law Offices in Marriage Equality Litigation
Laurence H. Tribe and Joshua Matz, An Ephemeral Moment: Minimalism, Equality, and Federalism in the Struggle for Same-Sex Marriage Rights
Question 3: How—ideally—should Perry be decided?
Brian Chelcun, Perry‘s Path to Equality: Rejecting “Gay Marriage” and Rethinking the “Right to Marry”
Erwin Chemerinsky, Hollingsworth v. Perry: What Should the Court Do?
David B. Cruz, Repealing Rights: Proposition 8, Perry, and Crawford Contextualized
William N. Eskridge, Jr., Marriage Equality: An Idea Whose Time is Coming . . .
Danieli Evans, Imagining a Same-Sex Marriage Decision Based on Dignity: Considering Human Experience in Constitutional Law
Graham Gee, Same-Sex Marriage and Perry: a Case for Judicial Minimalism?
Sara Maeder, Divorcing Marriage from its Incidents: Framing Perry as a Celebration of Family Self-Determination
Melissa Murray, Paradigms Lost: How Domestic Partnership Went From Innovation to Injury
Kate O’Regan, Undoing Humiliation, Fostering Equal Citizenship: Human Dignity in South Africa’s Sexual Orientation Equality Jurisprudence
Ruthann Robson, Thirteen False Blackbirds
Kenji Yoshino, Why the Court Can Strike Down Marriage Restrictions Under Rational-Basis Review