David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
This essay uses the Mobius strip as a mathematical metaphor for how state "defense of marriage amendments" (DOMAs) can twist the Shelley v. Kraemer contribution to state action doctrine. It argues that Shelley's core insight -- that judicial enforcement of private agreements can constitute state action and must meet federal Fourteenth Amendment commands -- can be used by state judiciaries to hold that state judicial enforcement of private agreements between same sex-couples is a species of state action forbidden by state DOMA. As explored in this essay, the potential doctrinal contortion of Shelley by state DOMAs is at once a testament to the law of unintended consequences, a cautionary tale about state experimentalism, and comment on the aspiration and limits of neutral principles of adjudication.
|Keywords||No keywords specified (fix it)|
No categories specified
(categorize this paper)
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Robert Nozick (1988). Side Constraints. In Samuel Scheffler (ed.), Consequentialism and its Critics. Oxford University Press.
Henry Lowenstein (2001). Two Faces of State University Employment: Ethics in Access to Federal Due Process. Ethics and Behavior 11 (1):39 – 53.
John Hasnas (2003). Reflections on the Minimal State. Politics, Philosophy and Economics 2 (1):115-128.
Charles Sayward & Wayne Wasserman (1981). Has Nozick Justified the State? Pacific Philosophical Quarterly 62:411-415.
Milton Fisk (1985). The State and the Market in Rawls. Studies in East European Thought 30 (4):347-364.
Steven Jay Gold (1988). Towards a Marxist Theory of the State. Philosophy Research Archives 14:1-22.
Charles A. Hart (1940). Philosophy of the State: The Individual; Civil Rights; the Democratic State; the Totalitarian State; the Corporative State; Church and State. [Washington, D.C.,G. Dawe].
Sorry, there are not enough data points to plot this chart.
Added to index2009-01-28
Total downloads1 ( #398,768 of 1,096,439 )
Recent downloads (6 months)1 ( #231,754 of 1,096,439 )
How can I increase my downloads?