Equality and substantive due process in recent North-American jurisprudence on same-sex marriages.

Authors

  • MANUEL FERNÁNDEZ DEL HOYO

Keywords:

equal protection, substantive Due Process, same-sex marriage.

Abstract

The combined application of both equal protection and due process guarantees included in the constitutions of several States, as well as in that of the United States, has led to numerous changes in the rights of same-sex couples who intend to get married. The way in which both principles have been put into practice by state and federal jurisprudence, especially since the Supreme Court of the United States Lawrence v. Texas ruling, has provided American society with different solutions but, above all, it has given rise to a deep new discussion on the limits that the Legislator is authorised to impose on individual autonomy.

Published

2008-04-04