Prof. Hasday's Work Cited in 6th Circuit Dissent Arguing that Same-Sex Marriage Prohibitions are Unconstitutional

Judge Martha Craig Daughtrey of the United States Court of Appeals for the Sixth Circuit cited Professor Jill Hasday's article, "Contest and Consent: A Legal History of Marital Rape," 88 CAL. L. REV. 1373 (2000), in her dissenting opinion in DeBoer v. Snyder. Judge Daughtrey's dissent argued that the same-sex marriage prohibitions in Michigan, Ohio, Kentucky, and Tennessee should be struck down. Judge Daughtrey 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." Hasday's article was also cited in a concurring opinion in the Ninth Circuit case striking down the same-sex marriage prohibitions in Idaho and Nevada.