The stuff of the marriage debate is not static. That is particularly true in the courts, where the legal definition of marriage is debated most thoroughly and most consequentially. This article addresses one of the new arguments advanced in support of man/woman marriage now drawing judicial attention, the argument from social institutional studies. The social institutional argument is a sufficient answer to the variety of constitutional challenges leveled against man/woman marriage. Yet to date, the courts holding for genderless marriage have chosen (consciously it appears) to elude rather than engage argument.
Monte N. Stewart,
Genderless Marriage, Institutional Realities, and Judicial Elision,
1 Duke Journal of Constitutional Law & Public Policy
Available at: http://scholarship.law.duke.edu/djclpp/vol1/iss1/1