Stewart, Monte Neil
January 2008
Harvard Journal of Law & Public Policy;Winter2008, Vol. 31 Issue 1, p313
Academic Journal
The article focuses on the proposition that constitutional norms, particularly of equality and liberty, require the redefinition of marriage from the union of a man and a woman to the union of any two persons. It analyzes the widely held assumption that judicial selection of the standard of review, such as rational basis and heightened or strict scrutiny, determines the outcome in cases addressing the constitutionality of traditional marriage laws. It concludes that the choice of marriage facts, not the standard of review, is dispositive.


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