The impact of Perry cannot be abstracted from the movement that gave it birth. But it is precisely the pro-gay marriage movement’s abstraction of marriage, from its roots in social justice, and transformation that has resulted in adangerous overweighting of the importance of marriage equality. This abstraction both overestimates the value of achieving marriage equality and underestimates the dangers we are exposing ourselves to in winning it by any means necessary.
States’ right to regulate marriage is generally accepted without question. While many have challenged particular restrictions related to who may legally marry, few have questioned whether the state should have any role in regulating the marital relationship. But state regulation
Discussion of the strategic choices in building an evidentiary record of expert testimony in Windsor's challenged to DOMA.
Discusses criticisms of LBGT movement focus on marriage equality and institutional inclusion that are detrimental to trans and queer politics.
This is an excerpt from Kenji Yoshino’s new book, Speak Now: Marriage Equality on Trial. In his book, Professor Yoshino explores the Hollingsworth v. Perry trial, which he calls “one of the most powerful civil rights trials in American history.” Professor Yoshino