Under the Cover of Gay Rights

Introduction

“Marriage is a wonderful institution . . . but who wants to live in an institution?”

Groucho Marx, quoted by Judge Reinhardt, Perryv. Brown

“Race and gender restrictions shaped marriage during eras of race and gender inequality, but such restrictions were never part of the historical core of the institution of marriage.”

Judge Walker, Perry v. Schwarzenneger

Suggested Reading

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

 State Laws Argued in Federal Court Shahar v. Bowers, 114 F.3d 1097 (11th Cir. 1997):  The Plaintiff, Ms. Robin Shahar has received a job offer from the Georgia Attorney General’s office.  When the Attorney General learned of Ms. Shahar plans