If Not Marriage? On Securing Gay and Lesbian Family Values by a "Simulacrum of Marriage"

Christensen, Craig W.

Journal: Fordham Law Review

Volume: 66

First Page: 1699

Year: 1998

Bluebook Citation: 66 FORDHAM L. REV. 1699 (1998)

Author: Craig W. Christensen: all 2 publications


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Abstract

The benefits of [homosexual] marriage may outweigh the costs. Nonetheless, since the public hostility to homosexuals in this country is too widespread to make homosexual marriage a feasible proposal even if it is on balance cost-justified, maybe the focus should be shifted to an intermediated solution that would give gomosexuals most of what they want . . . . . . . What . . . is called registered partnership and . . . homosexual cohabitation [in some countries] is in effect a form contract that comosexuals can use to create a simulacrum of marriage. Richard A. Posner, Sex and Reason 313 (1992) (emphasis added).

Simulacrum . . . 1. an image;likeness 2. a vague representation; semblance 3. a mere pretense; sham Webster's New World Dictionary of American English 1251 (3d college ed. 1988).

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