Cavanagh on the California Supreme Court’s Response to Same-Sex Marriage in In Re Marriage Cases

Michael A. Cavanagh of East Carolina University School of Communication has published Until the People Spoke: The California Supreme Court’s Response to Same-Sex “Marriage” in In Re Marriages, 9 Communication Law Review no. 1, at 48 (2009). Here is the abstract:

“In this paper, I present a traditional legal analysis and a rhetorical analysis of the Supreme Court of California’s recent ruling, In re Marriages. In this case, a State of California statute defined ‘marriage’ as a legally sanctioned relationship only for opposite-sex couples. This statutory definition was successfully challenged as unconstitutional.

“The legal analysis discusses the precedents and other justifications for the Court’s ruling. The rhetorical analysis identifies central terms of meaning and value, examines the reasoning held out as valid, presents the relationships that spring up as a result of this opinion, and, finally, discusses the new legal culture thereby created.”

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