Thursday, July 11, 2013

Does Windsor Put the U.S. Constitution Back in Play?

For many around the world, the U.S. Constitution is no longer the gold standard.  That's because more recent constitutions, like South Africa's, contain a broader set of individual rights.  (And those rights are often better theorized, to boot.)  

But Drew F. Cohen argues in U.S. News that the Supreme Court's recent ruling in Windsor, striking the federal definition of marriage under DOMA as only between one man and one woman, may help change that.  Cohen, a law clerk for the Chief Justice of the South African Constitutional Court, writes, "The decision to overturn the Defense of Marriage Act, however, has an uncanny potential to realign the U.S. constitution with the emerging international concensus on human rights issues and recast it as a modern source of jurisprudential power."

SDS

http://lawprofessors.typepad.com/conlaw/2013/07/does-windsor-put-the-us-constitution-back-in-play.html

Comparative Constitutionalism, Courts and Judging, News | Permalink

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