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Preface | ||
Introduction | 1 | |
Organization of the Book | 5 | |
Six Features of Contemporary Public Law | 6 | |
Pt. I | Marriage in the Law | 11 |
Ch. 1 | Marriage as Contract and Status | 15 |
Ch. 2 | The Defense of Marriage Act and Recent Events in State Law | 22 |
Pt. II | The Law and Morality Distinction, Violated | 35 |
Ch. 3 | Morals Discourse and Law | 41 |
Ch. 4 | Professor Richards Finds a Violation | 51 |
Pt. III | How to Identify Sub Rosa Establishment and the Argument by Definition | 61 |
Ch. 5 | The Shadow Establishment Has Its Day in Court | 67 |
Ch. 6 | A Note Regarding the Appeal to the Dictionary | 80 |
Pt. IV | The Shadow Establishment, "Gay Marriage" in the Courts, and the Analogies to Race and Polygamy | 85 |
Ch. 7 | Interracial and Plural Marriage Analogies and Cases | 91 |
The Miscegenation Analogy | 91 | |
The Polygamy Analogy | 95 | |
Ch. 8 | "Gay Marriage" in the Courts | 100 |
Conclusion | 107 | |
Table of Cases | 113 | |
Notes | 115 | |
Bibliography | 143 | |
Index | 153 |
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