Citation

Publication Date: 2011-06-01
Format: Journal Article
Bibliography: Jane S. Schacter, Ely at the Altar: Political Process Theory Throughy the Lens of the Marriage Debate, 109 Michigan Law Review 1363 (2011)

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.

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