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Unpublished Paper
Recognizing Marriage
ExpressO (2008)
  • William J. Rich, Washburn University
Abstract
Recognizing Marriage Abstract Two adults living in the United States already have the right to form enduring relationships, to cohabit, and to identify themselves as married. The path towards full social and legal recognition of marriage for individuals of the same sex, however, must still be developed and will involve multiple steps requiring careful navigation. That path begins with broadening social acceptance, including extension of employment benefits, acceptance within progressive social and religious organizations, and support for children living with same sex couples. Legal acceptance will inevitably follow these changes in society, but in a majority of states, significant road blocks will have to be overcome. In states with anti-marriage constitutional amendments, legal challenges will begin with interpretation of the texts that purport to limit same sex relationships. Subsequent constitutional challenges will target both the constraints on political participation recently added to state constitutions, and eventual establishment of a fundamental right to marriage. This paper charts the path towards that future, and explains some of the arguments that will be made along the way.
Keywords
  • same sex marriage
Disciplines
Publication Date
August 26, 2008
Citation Information
William J. Rich. "Recognizing Marriage" ExpressO (2008)
Available at: http://works.bepress.com/william_rich/1/