Ely at the Altar: Political Process Theory Through the Lens of the Marriage Debate

Details

Author(s):
Publish Date:
June 1, 2011
Publication Title:
Michigan Law Review
Format:
Journal Article 109 Volume 1363 Pages
Citation(s):
  • Jane S. Schacter, Ely at the Altar: Political Process Theory Through the Lens of the Marriage Debate, 109 Michigan Law Review 1363 (2011).

Abstract

Political process theory, closely associated with the work of John Hart Ely and footnote four in United States v. Carolene Products, has long been a staple of constitutional law and theory. It is best known for the idea that courts may legitimately reject the decisions of a majority when the democratic process that produced the decision was unfair to a disadvantaged social group. This Article analyzes political process theory through the lens of the contemporary debate over same-sex marriage.