Seattle Journal for Social Justice Volume 2 Issue 2 Article 25 May 2004 Exclusionary Equality and the Case for Same-Sex Families: A Reworking of Martha Fineman's Re-visioned Family Law Zachary A. Kramer Follow this and additional works at: https://digitalcommons.law.seattleu.edu/sjsj Recommended Citation Kramer, Zachary A. (2004) "Exclusionary Equality and the Case for Same-Sex Families: A Reworking of Martha Fineman's Re-visioned Family Law," Seattle Journal for Social Justice: Vol. 2 : Iss. 2 , Article 25. Available at: https://digitalcommons.law.seattleu.edu/sjsj/vol2/iss2/25 This Article is brought to you for free and open access by the Student Publications and Programs at Seattle University School of Law Digital Commons. It has been accepted for inclusion in Seattle Journal for Social Justice by an authorized editor of Seattle University School of Law Digital Commons. For more information, please contact
[email protected]. 505 EXCLUSIONARY EQUALITY AND THE CASE FOR SAME-SEX FAMILIES: A Reworking of Martha Fineman’s Re-visioned Family Law Zachary A. Kramer1 I. INTRODUCTION For many years now, scholars, activists, and even the general public have debated the legal issues related to same-sex families.2 This debate, while ostensibly academic, has become far more acute in the wake of a handful of groundbreaking court decisions. The first of these cases is the United States Supreme Court’s decision in Lawrence v. Texas.3 In Lawrence, the Court struck down Texas’s criminal sodomy law and overruled its decision in Bowers v. Hardwick,4