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Religion & Law

: Constitutionally Correct

Celebrating the Differences that Could Make a Difference: United States v. Virginia and a New Vision of Sexual Equality

By Alliance Alert

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Courtney M. Cahill, Celebrating the Differences that Could Make a Difference: United States v. Virginia and a New Vision of Sexual Equality (September 15, 2009). Ohio State Law Journal, Forthcoming ; Roger Williams Univ. Legal Studies Paper No. 82. Available at SSRN: http://ssrn.com/abstract=1474050 "This Essay contends that Ginsburg?s celebration of difference in Virginia could, and indeed should, be a model for gay rights advocacy, and perhaps in time for a gay rights jurisprudence. Where that advocacy has remained stubbornly tethered to a no-differences paradigm, one that insists on a one-to-one correspondence between gays and straights notwithstanding the reality of difference that exists between those two groups, their intimate pairings, and the families, if any, that they share, Ginsburg?s celebration of gender difference both in and beyond Virginia cogently demonstrates that difference need not defeat, nor be an impediment to, equality claims in our constitutional order."

Full post as published by Constitutionally Correct on September 17, 2009 (boomark / email).