Cornell Law Library Scholarship@Cornell Law: A Digital Repository Cornell Law Faculty Publications Faculty Scholarship 10-1-2011 Same-Sex Marriage, Second-Class Citizenship, and Law's Social Meanings Michael C. Dorf Cornell Law School,
[email protected] Follow this and additional works at: http://scholarship.law.cornell.edu/facpub Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons, and the Law and Society Commons Recommended Citation Dorf, Michael C., "Same-Sex Marriage, Second-Class Citizenship, and Law's Social Meanings" (2011). Cornell Law Faculty Publications. Paper 443. http://scholarship.law.cornell.edu/facpub/443 This Article is brought to you for free and open access by the Faculty Scholarship at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Faculty Publications by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact
[email protected]. ARTICLES SAME-SEX MARRIAGE, SECOND-CLASS CITIZENSHIP, AND LAW'S SOCIAL MEANINGS Michael C. Dorf and symbols that carry the G socialOVERNMENT meaning ofacts, second-class statements, citizenship may, as a conse- quence of that fact, violate the Establishment Clause or the constitu- tional requirement of equal protection. Yet social meaning is often contested. Do laws permitting same-sex couples to form civil unions but not to enter into marriage convey the social meaning that gays and lesbians are second-class citizens? Do official displays of the Confederate battle flag unconstitutionallyconvey supportfor slavery and white supremacy? When public schools teach evolution but not creationism, do they show disrespect for creationists? Different au- diences reach different conclusions about the meaning of these and other contested acts, statements, and symbols.