TITLE

THE CONSTITUTIONALITY OF PROPOSITION 8

AUTHOR(S)
Epstein, Richard A.
PUB. DATE
June 2011
SOURCE
Harvard Journal of Law & Public Policy;Summer2011, Vol. 34 Issue 3, p879
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article questions the constitutionality of Proposition 8, which eliminates the right of same-sex couples to marry in the U.S. It notes that the location of the Equal Protection Clause (EPC) is after the Privileges or Immunities Clause (PIC) and Due Process Clause of the 14th Amendment, and that if the right to a same-sex marriage were located in the Contitution, then it would be found in the PIC. It also notes, however, that EPC equally stresses the words "protection" and the word "equal."
ACCESSION #
65052072

 

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