Skip to main content
×
Home
    • Aa
    • Aa
  • Get access
    Check if you have access via personal or institutional login
  • Cited by 1
  • Cited by
    This article has been cited by the following publications. This list is generated based on data provided by CrossRef.

    Segura, Gary M. 2005. A Symposium on the Politics of Same-Sex Marriage—An Introduction and Commentary. PS: Political Science & Politics, Vol. 38, Issue. 02,


    ×

Litigating Same-Sex Marriage: Might the Courts Actually Be Bastions of Rationality?

  • Evan Gerstmann (a1)
  • DOI: http://dx.doi.org/10.1017/S1049096505056325
  • Published online: 01 April 2005
Abstract

The great political philosopher John Stuart Mill once asked, “Was there any domination which did not appear natural to those that possessed it?” (Mill 1984, 269–270). For same-sex couples seeking access to the institution of marriage, the public sense that marriage is naturally and obviously meant only for opposite-sex couples has been a formidable barrier. The first state supreme courts to rule on same-sex marriage, in the early 1970s, simply relied upon dictionary definitions to hold that marriage was obviously a heterosexual institution. Politicians mostly ignored the issue altogether until the courts of Hawaii, Vermont, and Massachusetts forced public debate of the issue.

Copyright
Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

PS: Political Science & Politics
  • ISSN: 1049-0965
  • EISSN: 1537-5935
  • URL: /core/journals/ps-political-science-and-politics
Please enter your name
Please enter a valid email address
Who would you like to send this to? *
×