Prof. Hasday Cited in 9th Circuit Opinion Striking Down Same-Sex Marriage Prohibitions in Idaho and Nevada

Judge Marsha Siegel Berzon of the United States Court of Appeals for the Ninth Circuit cited Professor Jill Hasday's article, "Contest and Consent: A Legal History of Marital Rape," 88 CAL. L. REV. 1373 (2000), in her concurring opinion in Latta v. Otter, which struck down the same-sex marriage prohibitions in Idaho and Nevada. Judge Berzon used Hasday's work to help support the point that "[h]istorically, marriage was a profoundly unequal institution, one that imposed distinctly different rights and obligations on men and women."