Abstract
In an effort to reconcile the inconsistency between liberal ideals and inequitable adjudication of marriage rights amongst our citizens, this article will seek answers to these issues. By straddling the contractual confines of marriage via law and economic analysis, Part II of the article explores the contractual paradigm of marriage to examine whether the framework is independent of sexual orientation and it the deliberately incomplete nature of marriage can provide consistencies for all types of marriages. Part III examines whether the private aspiration of marriage should necessarily be linked with public consequences by evaluating the impact of marriage’s social cost borne by the participants in a marriage incongruent with broader societal norms. Finally Part IV engages in an analysis to determine whether equality of marriage rights come from creating new constitutional rights or it can be achieved by searching the outliers of unenumerated rights.
Recommended Citation
Ghoshray, Saby
(2007)
"Dual Rationality of Same-Sex Marriage: Creation of New Rights in the Shadow of Incomplete Contract Paradigm,"
University of Massachusetts Law Review: Vol. 2:
Iss.
1, Article 3.
Available at:
https://scholarship.law.umassd.edu/umlr/vol2/iss1/3