CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Saturday, November 26, 2005

NY: Gay Partner Seeks Spousal Privilege

Story here. [Jack Chin]

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The issue is one of marriage.If you recognize gay marriage, then public policy would support the privilege. If gay marriage is not recognized,then no public policy supports granting the privilege. Although an argument may be made that to deny the privilege is to deny equal protection of the law to gay couples, Justice O'Connor"s concurring opinion in Lawrence v Texas indicates that traditional marriage is a relationship which the state has an interest in protecting that justifies special treatment.

Posted by: karlson | Nov 28, 2005 7:10:55 AM

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