Judicial regimes and same-sex marriage: Enforcing judicially determined personal autonomy at the expense of majoritarian democracy
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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In this article, the author discusses the Marriage Cases opinion issued by the California Supreme Court in May of 2008. In that decision, a majority of the justices of the California Supreme Court found that the California Constitution requires affording the designation of marriage to same-sex couples. Though the article focuses on California, the article is equally applicable to other opinions discussing same-sex marriage. (The views expressed in the article do not necessarily represent the views of the agency or the U.S.).
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