Constitutional Law
Feb. 24, 2012
A new rhetorical angle in marriage equality cases
In overturning Proposition 8, the 9th Circuit focuses on the societal meaning, rather than the legal effects, of marriage. By Jeremiah A. Ho of Washburn University School of Law
While the mixed impact of the 9th U.S. Circuit Court of Appeals' Perry v. Brown, decision is still being debated, one thing about Perry is certain: In overturning Proposition 8, the 9th Circuit's opinion has elucidated what marriage means for same-sex couples more clearly than previous important marriage equality opinions. 2012 DJDAR 1705 What is particularly striking is how, within its legal reasoning, Perry boldly...
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