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- Title
Let's Call the Whole Thing Off: Can States Abolish the Institution of Marriage?
- Authors
Karlan, Pamela S.
- Abstract
The article discusses the views of Professor Martha Nussbaum pertaining to the Constitution's permission to abolish the institution of civil marriage in California. It mentions the explanation of Nussbaum about marriage as a status or institution that the state has discretion to abolish of retain. Meanwhile, it reveals that antidiscrimination principles place a significant limit on scrapping the institution of marriage as a response to LGBT couples's demands as it contradicts the constitution.
- Subjects
CALIFORNIA; NUSSBAUM, Martha Craven, 1947-; COLLEGE teachers; CIVIL marriage laws; SAME-sex marriage laws; MARITAL status
- Publication
California Law Review, 2010, Vol 98, Issue 3, p697
- ISSN
0008-1221
- Publication type
Article