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Justice and EmpathyToward a Constitutional Ideal$
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Robert A. Burt and Frank Iacobucci

Print publication date: 2017

Print ISBN-13: 9780300224269

Published to Yale Scholarship Online: May 2018

DOI: 10.12987/yale/9780300224269.001.0001

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PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in YSO for personal use.date: 20 June 2021

Respecting Same-Sex Relations

Respecting Same-Sex Relations

(p.135) Eight Respecting Same-Sex Relations
Justice and Empathy

Robert A. Burt

, Frank Iacobucci
Yale University Press

This chapter deals with gays and lesbians as another group that was subjected to serious degradation akin to the terrible mistreatment of blacks. It provides a description of the tension between the judiciary and legislatures in the evolution of the relationship up to the recognition of a fundamental right to marital status for same-sex couples. The chapter characterizes the changes that took place in California, through events that involve the legislature, courts, and the public, as reflecting an egalitarian mode of deliberative authority. The most intriguing similarities between the situations of homosexuals and blacks are in the process by which the judiciary has worked its way toward the remedial attempt. When the Court resolved to change the status of both groups, a similar path was taken.

Keywords:   gays, lesbians, blacks, judiciary, legislatures, marital status, same-sex couples, deliberative authority

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