Larry Kramer, Same-Sex Marriage, and the Politics of Legal Scholarship
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Authors
Maltz, Earl M.
Issue Date
2005
Volume
38
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The Massachusetts Supreme Judicial Court's decision in Goodridge v. Department of Public Health has once again brought the Full Faith and Credit Clause into the public eye. With same-sex marriage legalized in Massachusetts, one can confidently predict that same-sex couples married in that state will attempt to use the clause to require other states to recognize their unions. In making their arguments, they will no doubt rely heavily upon Dean Larry Kramer's well-known article entitled Same Sex Marriage, Conflict of Laws, and the Unconstitutional Public Policy Exemption ("Same-Sex Marriage"). Published in the wake of the Hawaii Supreme Court's short-lived decision in Baehr v. Lewin, this article is by all accounts the most prominent defense of the view that states are required by the Full Faith and Credit Clause to recognize same- sex marriages legally solemnized in other states. Kramer's analysis has already been trenchantly criticized by scholars such as Patrick J. Borchers and Richard S. Meyers. I want to take a different tack, however, first highlighting the shortcomings of Kramer's treatment of the Full Faith and Credit Clause, and then placing the article in political context...
Description
Citation
38 Creighton L. Rev. 533 (2004-2005)
Publisher
Creighton University School of Law