Abstract
A few years ago, there was a brief vogue in legal scholarship for what was called story-telling. I am not sure I ever understood the method, but storytelling (at least as I understand it) came to mind as I followed the debate concerning the legal treatment of same-sex marriage. I would like to begin my reflections by telling a personal story. (Those uncomfortable with this approach may treat it simply as a hypothetical case.) Afterwards, I want to review some of the legal consequences of marriage, with particular reference to the property consequences. Same-sex couples, denied the legal status of marriage,1 are obviously excluded from these consequences, and that forms a principal, but not the sole, ground on which their exclusion is criticized. Next, I will consider to what extent same-sex couples can approximate these consequences by the use of other legal arrangements. Finally, I want to ask not whether we should exclude same-sex couples from the legal consequences of marriage, but how we should decide which couples to include. First, the story.
Recommended Citation
John V. Orth,
Night Thoughts: Reflections on the Debate Concerning Same-Sex Marriage,
3
Nev. L.J.
560
(2003).
Available at:
https://scholars.law.unlv.edu/nlj/vol3/iss3/5