Ariela R. Dubler

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Immoral Purposes: Marriage and the Genus of Illicit Sex

115 Yale L.J. 756 (2006) In Lawrence v. Texas, the Supreme Court situates its opinion within the history of laws banning sodomy. Lawrence, however, is also part of another historical narrative: the history of attempts by federal lawmakers and judges to define the relationships among the genus of illicit sex, the genus of licit sex, and marriage. Viewed from this...

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In the Shadow of Marriage: Single Women and the Legal Construction of the Family and the State

112 Yale L.J. 1641 (2003) This Article argues that the law has constructed marriage as an institution capable of regulating the rights and responsibilities of even unmarried women. In various ways, the law has constructed the rights of certain groups of unmarried women "in the shadow of marriage": That is, the law--its imagination bounded by the dominant, normative paradigm of...