Report: American Courts on Marriage? Is Marriage Discriminatory



Joshua Baker of the Institute for Marriage and Public Policy has prepared this six page abstracts report reviewing American marriage decisions.  IMAPP’s home page summarizes the report as follows:

On May 15, 2008 the California Supreme Court overruled Proposition 22 which defines marriage as the union of one man and one woman. California thus joins Massachusetts as the only other court to hold that marriage constitutes discrimination in the U.S.

This new policy brief surveys court decisions on marriage from the past ten years, finding that nine state and federal courts, as well as three international courts, have upheld marriage laws against claims of discrimination, while courts in Massachusetts and California have struck down the marriage laws.



One Comment

  1. gary47
    Posted May 16, 2008 at 6:57 am | Permalink

    No, the court ruled that excluding same sex couples from civil marriage is discrimination, not that marriage is discriminatory.

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