Eskridge

Point-Counterpoint: Progressive Approaches to Achieving Marriage Equality? (Part 3)

Daniel Winik & Jeremy Kessler

Responding to Jeremy Kessler's Counterpoint
 
Point: Daniel Winik
 
Thanks, Jeremy, for a well-reasoned counterpoint. We seem to agree on many fronts—and in particular on the wisdom of campaigning for marriage equality state by state, rather than aiming to achieve it nationally in one fell swoop. In that vein, I think both of us would endorse Bill Eskridge and Darren Spedale’s view that now is not the time for a federal Equal Protection challenge to Proposition 8.

Jeremy addressed mainly the legislative element of incrementalism, rather than the federalist element, so I’ll focus my response on that contested ground.

The Constitution in 2020 is a companion website to The Constitution in 2020 (Oxford University Press 2009).  Here you will find ten sample chapters from the book, essays about the future of the U.S. Constitution, discussions of current constitutional issues, a bibliography and resources for further study.