Marriage Rights and the Good Life: A Sociological Theory of Marriage and Constitutional Law.

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    • Abstract:
      The article focuses on marriage discrimination against gay and lesbian Americans and discusses French sociologist Emile Durkheim's social theory with respect to freedom of marriage for gay Americans. It discusses the U.S. Supreme Court case Hollingsworth v. Perry which was concerning California's ban of same-sex marriage and explains how Durkheim's socio-legal analysis of marriage can play a vital role in gaining constitutional recognition for the freedom to marriage.