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- Title
The Anti-Humiliation Principle and Same-Sex Marriage.
- Authors
YOSHINO, KENJI
- Abstract
Bruce Ackerman's volume on the civil rights revolution argues that the Second Reconstruction was centrally concerned with the concept of institutionalized humiliation. Ackerman inveighs against the fact that we have turned away from this "anti-humiliation principle" in our modern civil-rights jurisprudence, with the exception of the jurisprudence surrounding same-sex marriage. While I generally agree with Ackerman's account, I believe a closer look at gay-rights jurisprudence might further illuminate his analysis in two ways. I first argue that the anti-humiliation principle in the gay-rights context actually extends well beyond the same-sex marriage debate. I then contend that this jurisprudence also suggests that the mechanisms that Ackerman describes for establishing the anti-humiliation principle need to be supplemented. I suggest that greater use of the civil-rights trial may be a crucial way in which courts might discern the existence of institutionalized humiliation, taking the landmark trial in Perry v. Schwarzenegger as my case study.
- Subjects
UNITED States; HUMILIATION -- Social aspects; SAME-sex marriage; ACKERMAN, Bruce; WE the People: The Civil Rights Revolution (Book); CIVIL rights; JURISPRUDENCE -- Social aspects; PERRY v. Schwarzenegger (Supreme Court case); TRIALS (Law) -- Social aspects; TRIALS (Law); SAME-sex marriage laws; HISTORY of civil rights
- Publication
Yale Law Journal, 2014, Vol 123, Issue 8, p3076
- ISSN
0044-0094
- Publication type
Essay