Hastings Law Journal Volume 59 | Issue 4 Article 2 1-2008 Formalism: From Racial Integration to Same-Sex Marriage Holning Lau Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Holning Lau, Formalism: From Racial Integration to Same-Sex Marriage, 59 Hastings L.J. 843 (2008). Available at: https://repository.uchastings.edu/hastings_law_journal/vol59/iss4/2 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact
[email protected]. Formalism: From Racial Integration to Same-Sex Marriage HOLNING LAU* Racial integration and same-sex marriage both headlined political and legal commentary during the summer of 2007. On one hand, the United States Supreme Court prompted discussion by holding, in Parents Involved in Community Schools v. Seattle School District No. i ("Parents Involved"),' that Seattle's and Louisville's voluntary efforts to integrate schools were unconstitutional On the other hand, commentators weighed in on litigation, legislation, and presidential candidates' platforms on same-sex marriage.' While racial integration and same-sex marriage captured attention, commentators typically addressed the two * Associate Professor, Hofstra University School of Law; Co-Director, Hofstra LGBT Rights Fellowship; 2oo6-2007 Harvey S. Shipley Miller Fellow, Williams Institute on Sexual Orientation Law and Public Policy, UCLA School of Law. This Article benefited from feedback that I received at the Hofstra Colloquium on Gender, Law, and Public Policy; the Williams Institute Works-in-Progress Series; the Emory Law School faculty workshop; and the Villanova Law School faculty workshop.