The Review: Volume 37Issue 1

Why the Court Can Strike Down Marriage Restrictions under Rational-Basis Review

Analyizes which rational basis review the court will choose to apply in Perry-- "ordinary" rational basis or rational basis "with bite".

Where Perry Fits in the National Strategy to Win the Freedom to Marry

Discusses strategic choices of movement for marriage equality, including impact litigation over legislation.

When Litigation Collides with Grassroots Organizing: The Impact of the Perry Lawsuit through the Eyes of Asian Americans Organizing for Marriage Equality

Highlights effect of Asian American grassroots organizing for marriage equality and tension with centering of impact litigation lawyers and plaintiffs of Perry.

What Marriage Equality Arguments Portend for Domestic Partner Employee Benefits

Explains origins of domestic partner benefits, change in justifications as marriage equality laws passed, argues for renewed support for unmarried families.

Undoing Humiliation, Fostering Equal Citizenship: Human Dignity in South Africa's Sexual Orientation Equality Jurisprudence

Examines the importance of human dignity in South Africa's equality jurisprudence.

Under the Cover of Gay Rights

Discusses criticisms of LBGT movement focus on marriage equality and institutional inclusion that are detrimental to trans and queer politics.

Thirteen False Blackbirds

Creative intervention that offers thirteen "false blackbirds" that the majority opinion in Hollingsworth v. Perry should avoid.

Slighting the Sex-Discrimination Claim in Hollingsworth v. Perry

Critiques the District Court's use of the sex discrimination theory of marriage equality as too fragmented to provide an adequate model for advocates.

Same-Sex Marriage and Perry: A Case for Judicial Minimalism

Calls for a minimilist decision in Perry that leaves unchallenged some of the more contentious legal questions.

The Role of Public Law Offices in Marriage Equality Litigation

Using San Fransisco's joining as a plaintiff in Perry for marriage equality as a case study, the author urges other public law offices to challenge laws that discriminate based on sexual orientation.

Repealing Rights: Proposition 8, Perry, and Crawford Contextualized

Argues the court should hold in Perry that taking away the right to marriage for certain groups of people violates the Equal Protection Clause.

Reinhardt is Right; Perry is a Case about California

Argues that Perry's legal reasoning as to Prop 8's constitutionality is uniquely/only applicable to California.

Question: How Has Perry Affected the Work of LGBTQ Advocates Working on Issues other than Marriage or in Ways other than Litigation

TABLE OF CONTENTS

Question: How Has Perry Affected Other Marriage-Equality Litigation Strategies

Table of contents of comments to the question posed.

Question: How - Ideally - Should Perry Be Decided

Table of Contents

Prop 8: Advancing Civil Rights through Cultural and Constitutional Change

Discussion of the cultural and doctrinal legacy Perry has created for LGBTQ advocates.

Proof vs. Prejudice

Discussion of the strategic choices in building an evidentiary record of expert testimony in Windsor's challenged to DOMA.

The Pertinence of Perry to Challenging the Continuing Criminalization of LGBT People

Juxtaposition of marriage equality and anti-discrimination legislation and litigation with the Criminal Justice system's continued discrimination of LGBTQ folks.

Perry's Path to Equality: Rejecting "Gay Marriage" and Rethinking the "Right to Marry"

Perry is an opportunity for the court to correct constitutional doctrine by focusing on substantive due process and clarify its marriage jurisprudence.

The Perry Litigation and the Changing Political Landscape for Marriage Equality

Argues that Perry has pushed marriage equality to be more mainstream, thereby affecting other cases through judicial notice of shifting public opinion.

Perry and the LGBTQ Movement

Examination of how the LGBTQ movement has worked through multiple legal and non-legal institutions simultaneously, and the effects each has had on the others.

The Past, Present, and Future Role of Hollingsworth v. Perry: An Introduction

Discussion of how Hollingsworth v. Perry fits within the larger LGBTQ rights movement, and suggestions for how the case should be decided.

Paradigms Lost: How Domestic Partnership Went from Innovation to Injury

Reflects on the paradigm relationship that Perry endorses, and provides a historical context in which to locate domestic partnerships in California.

The Overlooked Benefit of Minimalism: Perry v. Brown and the Future of Marriage Equality

Explanation of how narrow rulings such as Perry v. Brown allow legislatures to craft state-specific solutions and behave as laboratories of democracy.

"Now You Get What You Want, Do You Want More?"

Argues the drive for marriage equality is distracting and detrimental for LGBT communities in real impacts.

Marriage Equality: An Idea Whose Time Is Coming . . .

Argues the court should deny certiori altogether and avoid any question on any broad prouncements on the merits of the plaintiffs claim.

Marriage and Mass Incarceration

Critiquing the marginalizing effect institution of marriage has on those outside of non-state-sanctioned relationships, such as trans and incarcerated persons.

Imagining a Same-Sex Marriage Decision Based on Dignity: Considering Human Experience in Constitutional Law

Argues that laws that infringe upon human dignity should be subject to strict scrutiny; imagines a decision in Perry in that vein.

How Has Perry Affected Other Marriage Rights Litigation Strategies: Reflections on a Silver Anniversary and the Golden Rule

Reflections on the LGBT movement since the author was at NYU in RLSC and impact of Perry moving forward.

N.Y.U. Review of Law & Social Change

Legal Scholarship for Systemic Change