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Who Decides and What Difference Does it Make? Defining Marriage in ?Our Democratic, Federal Republic?

By Alliance Alert

Kevin J. Worthen, Who Decides and What Difference Does it Make? Defining Marriage in "Our Democratic, Federal Republic" (August, 26 2009). BYU Journal of Public Law, Vol. 18, pp. 273-307, 2004. Available at SSRN: http://ssrn.com/abstract=1462325 "[This article] seeks to draw attention to the perhaps equally important-but often overlooked-issue of the proper form and forum for resolving the substantive issue. It asks the question, if we awoke tomorrow to the newspaper headline -- 'Legality of Same-Sex Marriage Decided' -- what difference would it make if the succeeding story referred to 1) a federal statute, 2) a U. S. Supreme Court decision, 3) a federal constitutional amendment, 4) a state statute, 5) a state supreme court decision, or 6) a state constitutional amendment? The article attempts to answer that question in light of the structure of what I call ?our democratic, federal, republican? form of government."

Full post as published by Constitutionally Correct on August 27, 2009 (boomark / email).