(Download) "Marriage Facts." by Harvard Journal of Law & Public Policy # Book PDF Kindle ePub Free
eBook details
- Title: Marriage Facts.
- Author : Harvard Journal of Law & Public Policy
- Release Date : January 01, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 374 KB
Description
Do constitutional norms, particularly of equality and liberty, require the redefinition of marriage from the union of a man and a woman to the union of any two persons? In the present judicial contest over this issue, the real dispute is not over principles of law but about the facts of marriage. This Article identifies the marriage facts presented by those on each side of the debate and articulates each side's responses to the other's factual position. A critical examination of the two accounts reveals that the factual description of marriage advanced by proponents of man-woman marriage is more accurate. The Article then analyzes the widely held assumption that judicial selection of the standard of review-rational basis, heightened (but not strict) scrutiny, or strict scrutiny-determines the outcome in cases addressing the constitutionality of traditional marriage laws. That analysis concludes that the choice of marriage facts, not the standard of review, is ultimately dispositive. INTRODUCTION
 "Marriage Facts." by Harvard Journal of Law & Public Policy # Book PDF Kindle ePub Free){kind=link}