incentives that reward marriage for some and penalize it for others. Same-sex couples, who only recently gained the right to … marry, now face the same marriage incentives that different-sex couples faced for decades. We highlight marriage incentives … affecting older couples, who have rarely been studied. Using the American Community Survey, we estimate decreases in marriage …

Article then distills three of these themes into concerns for lesbian legal theory: the problem of constitutional equality … assimilation. After a brief history of same-sex marriage and similar legal devices as developed in the United States, Part IV of … this Article argues that marriage implicates serious and insoluble problems of constitutional equality, specifically …

A lawsuit challenging California's gay marriage ban, Proposition 8, on 14th Amendment grounds, is headed to the Supreme … gay marriage bans, leaving them an open issue for another day. While this may mean he would uphold Proposition 8, I am not … quite convinced. This is because Kennedy takes strict judicial scrutiny seriously, and gay marriage bans arguably satisfy …