Sexual Liberty and Same-Sex Marriage: An Argument from Bisexuality

By Michael Boucai
August 2012

A powerful argument for same-sex marriage lies hidden in plain sight. Embracing the notion that gay rights victories enable “homosexual lifestyle choices,” Boucai’s article proposes that same-sex marriage bans are unconstitutional under Lawrence v. Texas because they channel people, particularly bisexuals, into heterosexual relations and relationships. In addition to detailing this claim’s legal and factual bases, “Sexual Liberty and Same-Sex Marriage” refutes the supposed doctrinal imperatives that underlie bisexual erasure in gay rights litigation.

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*Written by former Williams Institute Sears Law Teaching Fellow Michael Boucai and published in the San Diego Law Review (2012).