A QUEER ALLIANCE: GAY MARRIAGE AND THE NEW FEDERALISM

Author: 

Derek C. Araujo

May 17, 2004 was an odd day in American politics. Many will remember that Monday as the first date in United States history that the government of one state recognized the union of same-sex couples in marriage, initiating a nationwide proliferation of legal challenges to same-sex marriage restrictions in several other states. This in itself is quite remarkable, but it is not the noteworthy event I have in mind. Rather, May 17, 2004 stands out for a significant non-event: it is the first date of Congress’s continuing failure to enact any legislation addressing the perceived cultural crisis instigated by the Massachusetts Supreme Judicial Court’s (“SJC”) recognition of gay marriage. View More