Marriage: Gender and Conjoined Twins

Francisco Martin ricenter at
Mon Mar 15 17:04:25 PST 2004

Prof. Duncan wrote:

> Marriage has been held to be a fundamental right, but
> that begs the question: what is the scope of the
> fundamental right of "marriage?" Plural marriages?
> Transgendered marriages? Marriages between close
> relatives? Possibly others (such as Robert Heinlein's
> "line marriages" that last in perpetuity as new
> spouses replace deceased spouses, "and the beat goes
> on")?
> Under Glucksberg, the party asserting a fundamental
> SDP right must meet a two-part test: 
> First, the claimant must establish that his claim
> imlicates a fundamental right that is "objectively,
> deeply rooted in this Nation's history and tradition."
> Second, the relevant historical inquiry must be based,
> not upon a highly generalized statement of the
> asserted liberty interest, but rather upon "a careful
> description of the asserted fundamental liberty
> interest."
> So, the issue for the Court should be whether there is
> an objectively, deeply rooted historiacl tradition
> recognizing "transgendered marriages" (or "line
> marraiges" or whatever) as fundamental.
> I don't know what the objective historical answer to
> this question is; but I have an intuition.

COMMENT:  So, are you saying that transgendered, intersexed, and inoperable
conjoined twins cannot marry?

Francisco Forrest Martin

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