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Paper by Professor Amy Wax Quoted in Connecticut Dissent

October 10, 2008

Justice Peter T. Zarella of the Connecticut Supreme Court cited the scholarship of Penn Law Professor Amy Wax in his opinion dissenting from today's 4-3 ruling striking down a law barring same-sex marriage.

"In my view, the state's interests in promoting and regulating procreative conduct are legitimate. Indeed, they are compelling," he wrote. "I further believe that limiting marriage to one man and one woman is rationally related to the advancement of those interests."

Quoting Wax's 2005 paper published in the San Diego Law Review, titled "The Conservative's Dilemma: Traditional Institutions, Social Change, and Same-Sex Marriage,'' Zarella wrote that "the state rationally could conclude that '[t]he power of biological ties means that heterosexual families are most likely to achieve stability and successfully perform the childrearing function.'"