SAME-SEX MARRIAGE AND THE RIGHT TO PRIVACY
AbstractOver the past decade, several state appellate courts have analyzed whether their respective state constitutions protect the right to marry a same-sex partner. Those courts addressing the issue have differed both in their analyses and in their ultimate conclusions, although there have been striking similarities among those courts upholding same-sex marriage bans and among those striking them down, differences in wording among the respective state constitutional provisions notwithstanding. To understand the widely differing analyses regarding the right to marry someone of the same sex, it will be helpful to consider some of the background regarding the right to marry in particular and the right to privacy more generally. The United States Supreme Court has recognized that certain rights related to family matters are extremely important and cannot be abridged by the state absent a showing that compelling state interests would be undermined. A matter of some dispute involves the criteria used by the Court to determine which rights qualify for this heightened protection and how the scope of those rights should be defined. The cases discussed in this Article have all been decided on state constitutional grounds, which differ both in their wording and in the degree of protection that they offer. While a state's equal protection guarantees might provide an additional basis upon which to argue that the right to marry a same-sex partner is protected by the state constitution, the focus of this Article is on the privacy or substantive due process analyses offered by the differing courts.
How to Cite
. SAME-SEX MARRIAGE AND THE RIGHT TO PRIVACY. Journal of Law and Family Studies, [S.l.], v. 13, n. 1, may 2011. Available at: <http://epubs.utah.edu/index.php/jlfs/article/view/493>. Date accessed: 19 aug. 2018.
Copyright Utah Law Review All Rights Reserved.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).